Coverage and Compliance

Primary Functions

The Compliance Section monitors and assists employers to ensure that employers fulfill two requirements under the Workers Compensation Act - the requirement to secure workers compensation benefits for employees, and the requirement to file written reports of alleged work accidents. Failure to secure workers compensation benefits, and failure to report accidents, can result in monetary penalties against the employer. Failure to secure workers compensation benefits can also result in closure of the business.

Generally, an employer in a non-agricultural business, with more than $20,000 in non-family payroll, must secure workers compensation benefits for its employees. An employer can secure workers compensation benefits in one of three ways:

• By purchasing a workers compensation insurance policy
• By joining a group-funded workers compensation pool
• By qualifying as a self-insurer.

For information on self-insurance, contact the Business and Accounting Section at (800) 332-0353 or (785) 296-4000.

All employers are required to report any accident, alleged to have occurred in the course of employment, that wholly or partially incapacitates the worker from labor or service for more than the day, shift, or turn on which the alleged accident occurred. Such accident report must be filed with the Division of Workers Compensation within 28 days after the employer receives knowledge of the accident.

The accident report must be made on the division's K-WC 1101 A accident report form. To download the K-WC 1101 A, Interactive or PDF versions, go to Accident Reports, Benefits, and Claims Records on the Forms and Publications page.