Employer Responsibilities

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.”

As outlined in K.A.R. 51-9-17, all insurance carriers, group pools and self-insurers are required to use Electronic Data Interchange (EDI) to file First Reports of Injury (FROI) and Subsequent Reports of Injury (SROI) using the Release 3 standards. For details contact Techs and Stats, Division of Workers Compensation at 785-296-4000 or 800-332-0353, or visit our EDI website.

Immediately upon learning of an employee’s injury or death, the employer must furnish written information to the employee or employee’s dependents on available benefits (using Form K-WC 27-A or K-WC 270-A), the claims process, an employer or insurance company contact for workers compensation claims, and other matters as required by law.

Forms K-WC 27-A and K-WC 270-A (Spanish) are available from the Division of Workers Compensation’s Forms and Publications page.

     * As of January 1, 2014, by “make or cause to be made a report to the director” is meant that an employer must report to the employer’s insurer for workers compensation any accident witnessed by the employer, claimed or alleged with sufficient timeliness to allow the insurer to file the accident report with the division within 28 days, as required by K.A.R. 51-9-17.

     ** The requisite form for reporting by the insurer as of January 1, 2014 is outlined in K.A.R. 51-9-17.

Can I purchase a workers compensation policy from the state of Kansas and if not, who do I contact?
No. Workers compensation insurance coverage shall be obtained by:

  • contacting a Kansas licensed insurance agent
  • contacting the Kansas Insurance Department for information on group-funded pools
  • contacting the Division of Workers Compensation for information on self-insurance

Can an employer pay claims out of pocket for worker compensation injuries sustained by an employee?
 Employers must provide for payment of claims in one of three ways:

  • workers compensation insurance: obtained from a licensed insurance carrier. The employer pays the premiums and the insurance company pays the claims. The insurance carriers are regulated by the Kansas Insurance Department.
  • self-insurance: an individual employer must demonstrate to the state the financial ability to pay any claims that might arise. This program is administered by the Division of Workers Compensation.
  • group-funded pool: a group of employers meeting certain statutory requirements may form a self-insurance program to jointly insure their ability to pay claims. This program is administered by the Kansas Department of Insurance.