Kansas Workers' Compensation: Fast Facts

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Coverage Requirements Under Kansas State Law

Every Kansas employer with a gross payroll totaling more than $20,000 per calendar year must have workers' compensation insurance. Certain agricultural businesses may also be exempt from this insurance coverage requirement under Kansas state law.

Work-Related Injury or Illness Reporting Requirements

Notify your employer immediately about your work-related illness or injury, preferably in writing. You must report it within 20 days or lose your right to claim any Kansas workers' compensation benefits.

Where to Seek Medical Care

Your employer has the right to choose which doctor treats your job-related illness or injury. However, you can put in a request with the Kansas Director of Workers' Compensation if you wish to change doctors.If you go to your doctor or the nearest hospital, Kansas workers' compensation only covers $500 in medical bills.

Waiting Period for Lost-Wage Benefits in Kansas

Your first 7 days off are always unpaid unless you're unable to work at all for at least 3 weeks. On day 22, you'll qualify for lost-wage benefits covering that first unpaid week you took off work. If you don't need at least a week off work to recover, then workers' comp only pays for medical benefits.

Kansas Workers' Compensation Statute of Limitations

You have one year from your job injury or illness diagnosis date to file your Kansas workers' compensation claim.

Kansas Weekly Compensation Rate

You can receive 66 2/3% of your gross average weekly wages, subject to the state's current maximum and minimum amounts. The maximum TTD payment available is 75% of the state's average weekly wage (AWW) for the current calendar year. These amounts change every year and apply only to TTD benefits. If you qualify for PTD benefits, you'll get 2/3 of the difference between your pre-injury AWW and your current wages.

How Long You Can Receive Kansas Workers' Comp Benefits

  • Medical benefits: unlimited, provided you see an employer-authorized doctor for care; $500 if you see your own healthcare provider
  • Death benefits: funeral and burial expenses totaling no more than $10,000 and $2,500 for a court-appointed conservator, if needed, along with up to $300,000 in survivor's benefits to the surviving spouse and dependent children
  • Temporary Total Disability (TTD): until you return to work at the same earnings level or receive the max allowable benefit of $130,000, whichever comes first
  • Permanent Partial Disability (PPD): no more than 415 weeks or up to $50,000 for a general disability, or no more than $75,000 for a functional impairment
  • Temporary Partial Disability (TPD): no more than 415 weeks or until you reach the max amount of $130,000, whichever comes first
  • Permanent Total Disability (PTD): duration of disability, up to a max of $155,000

Kansas Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Kansas workers' comp coverage:

  • Anyone working for an employer with an annual payroll totaling less than $20,000
  • Certain agricultural laborers and employees of family-owned businesses
  • Commercial truck, Lyft, and Uber vehicle drivers covered under occupational accident insurance policies
  • Federal employees
  • Independent contractors, including realtors
  • Firefighters that work for relief associations with workers' comp coverage waivers
  • Sole proprietors

Kansas Workers' Compensation Attorney Fees

ll Kansas workers' compensation attorneys work on contingency. This means you only pay your lawyer after your case wins. If you don't win, then you pay your workers' comp lawyer nothing. Kansas law says your attorney cannot charge more than 25% of your final award