Coverage and Compliance
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 reports of alleged work accidents. Failure to secure workers compensation benefits, and failure to report accidents, can result in monetary penalties against the employer or its coverage provider. Failure to secure workers compensation benefits can also result in closure of the business.
Reviews applications by individual employers who wish to operate as a self-insured entity
Reviews annual renewals of existing permits to see if each company still meets the criteria to be self-insured in the State of Kansas, pursuant to K.S.A. 44-532 and K.A.R. 51-14-4.
Annually prepares the agency budget within established deadlines, and monitors monthly expenditures and receipts.
Conducts an annual assessment of insurance companies, pools and self-insured entities.
Guide to Benefits
Guide to Benefits is general information for injured employees. Additional information for employees can be found on Form K-WC 27-A. If there are still questions, contact the division’s Claims Advisers Section for further information.
Independent Contractor vs. Employee
Under the Kansas Workers Compensation law, if a worker is an employee, he cannot be required to contribute towards purchasing workers compensation insurance. If the worker is an employee, then the employer must purchase the insurance and the employer cannot withhold funds from the employee’s pay or commission to purchase the insurance.
Per K.S.A. 44-557, “it is...the duty of every employer to make or cause to be made a report to the director* of any accident, or claimed or alleged accident, to any employee which occurs in the course of the employee’s employment and of which the employer or the employer’s supervisor has knowledge, which report shall be made upon a form to be prepared by the director**, within 28 days, after the receipt of such knowledge, if the personal injuries which are sustained by such accidents, are sufficient wholly or partially to incapacitate the person injured from labor or service for more than the remainder of the day, shift or turn on which such injuries were sustained.”
Accident Prevention Program
By state law K.S.A. 44-5,104, insurance companies and group-funded self-insurance plans providing workers compensation coverage to employers in Kansas are required to provide certain safety services to those they insure.
Forms and Publications
The K-WC 1101-A Accident Report has been removed from Kansas Department of Labor’s Workers Compensation Division website permanently. As many of you are aware, as of December 31, 2013 electronic reporting of accidents to the Workers Compensation Division became mandatory for all reporting entities (carriers, third party administrators, group-funded self-insured pools, and self-insured employers), except for a few entities granted an extension for extenuating circumstances. The Workers Compensation Division no longer accepts the K-WC 1101-A.
Frequently Asked Questions