The Kansas workers compensation act — formally the Kansas Workers Compensation Act (Kansas statutes call it “the workers compensation act”), found at Kansas Statutes Annotated (K.S.A.) Chapter 44, Article 5 (K.S.A. 44-501 et seq.) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Kansas workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Kansas at a Glance
| Official name | Workers Compensation Act (Kansas statutes call it “the workers compensation act”) |
| Where it lives | Kansas Statutes Annotated (K.S.A.) Chapter 44, Article 5 (K.S.A. 44-501 et seq.) |
| First enacted | 1911 (approved March 14, 1911; in effect January 1, 1912) |
| Reporting deadline | K.S.A. 44-520 — the worker must give the employer notice by the earliest of: 20 calendar days from the accident or repetitive-trauma injury; 20 calendar days from seeking medical treatment, if still employed there; or 10 calendar days after the last day of actual work, if no longer employed there. Notice can be oral or written. If the employer has designated someone in writing to receive notice, it must go to that person. The deadline may be waived if the employer had actual knowledge, the employer was unavailable, or the worker was physically unable to give notice |
| Filing deadline | K.S.A. 44-534 — an application for hearing must be on file with the Director within 3 years of the accident or within 2 years of the last payment of compensation, whichever is later. Under K.S.A. 44-523, if a claim has not reached a regular hearing, settlement hearing or agreed award within 3 years of filing, the employer may move to dismiss it for lack of prosecution |
| Exclusive remedy | K.S.A. 44-501b(d) — “except as provided in the workers compensation act,” an employer or co-employee is not liable in a civil suit for an injury that is compensable under the act. Main exception: claims against negligent third parties (people other than the employer) are preserved under K.S.A. 44-504 |
In This Kansas Guide:
What the Kansas Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Kansas workers compensation act dates to 1911 (approved March 14, 1911; in effect January 1, 1912). It lives at Kansas Statutes Annotated (K.S.A.) Chapter 44, Article 5 (K.S.A.
44-501 et seq.), and the official text is linked in the sources. Kansas and Washington were the first two states to approve workers compensation laws, both on March 14, 1911. The notice rule is strict: if the employer has designated a person or department in writing, oral notice to anyone else is insufficient (K.S.A. 44-520). Retaliation protection comes from case law, not the statute.
The filing period restarts if the employer pays compensation after the 2-year window (K.S.A. 44-534). Many claimants should confirm current benefit figures with the KDOL Division of Workers Compensation and a licensed Kansas attorney
Who the Kansas Workers Compensation Act Covers
K.S.A. 44-505 — the act generally covers all employers except agricultural employers and employers whose total gross annual payroll was 20000 or less in the prior calendar year and is reasonably expected to stay at 20000 or less this year (wages of sole-proprietor or partner owners and their family members are not counted) K.S.A.
44-505 — exempts agricultural pursuits (coverage is optional for them) and employers at or under the 20000 gross annual payroll threshold
Deadlines in the Kansas Workers Compensation Act
Waiting period: K.S.A. 44-510c — 7 days (the first week). No compensation is paid for the first week unless temporary total disability lasts 3 consecutive weeks; then the first week is paid. Wage-loss rate: K.S.A. 44-510c — 66 2/3 percent of the average gross weekly wage, with a 50 weekly minimum.
The maximum is 75 percent of the state average weekly wage and is reset each July 1; confirm the current maximum with the KDOL Division of Workers Compensation.
Kansas Workers Compensation Act: Key Sections at a Glance
The sections of the Kansas workers compensation act that decide most cases, each with its citation:
| Coverage mandate | K.S.A. 44-505 — the act generally covers all employers except agricultural employers and employers whose total gross annual payroll was 20000 or less in the prior calendar year and is reasonably expected to stay at 20000 or less this year (wages of sole-proprietor or partner owners and their family members are not counted) |
| Exemptions | K.S.A. 44-505 — exempts agricultural pursuits (coverage is optional for them) and employers at or under the 20000 gross annual payroll threshold |
| Report an injury | K.S.A. 44-520 — the worker must give the employer notice by the earliest of: 20 calendar days from the accident or repetitive-trauma injury; 20 calendar days from seeking medical treatment, if still employed there; or 10 calendar days after the last day of actual work, if no longer employed there. Notice can be oral or written. If the employer has designated someone in writing to receive notice, it must go to that person. The deadline may be waived if the employer had actual knowledge, the employer was unavailable, or the worker was physically unable to give notice |
| File a claim | K.S.A. 44-534 — an application for hearing must be on file with the Director within 3 years of the accident or within 2 years of the last payment of compensation, whichever is later. Under K.S.A. 44-523, if a claim has not reached a regular hearing, settlement hearing or agreed award within 3 years of filing, the employer may move to dismiss it for lack of prosecution |
| Waiting period | K.S.A. 44-510c — 7 days (the first week). No compensation is paid for the first week unless temporary total disability lasts 3 consecutive weeks; then the first week is paid |
| Wage-loss rate | K.S.A. 44-510c — 66 2/3 percent of the average gross weekly wage, with a 50 weekly minimum. The maximum is 75 percent of the state average weekly wage and is reset each July 1; confirm the current maximum with the KDOL Division of Workers Compensation |
| Exclusive remedy | K.S.A. 44-501b(d) — “except as provided in the workers compensation act,” an employer or co-employee is not liable in a civil suit for an injury that is compensable under the act. Main exception: claims against negligent third parties (people other than the employer) are preserved under K.S.A. 44-504 |
| Retaliation | NONE in the act itself. Kansas has no retaliation statute. Protection comes from the common-law tort of retaliatory discharge, first recognized in Murphy v. City of Topeka, 6 Kan. App. 2d 488 (1981). Remedy: a civil tort suit for damages, which may include punitive damages |
| Uninsured employer penalty | K.S.A. 44-532 — knowingly and intentionally failing to secure coverage is a class A misdemeanor. The Director may also assess a civil penalty of twice the annual premium or 25000, whichever is greater. K.S.A. 44-532a lets the Workers Compensation Fund pay benefits when an uninsured employer cannot |
| Who hears disputes | Administrative law judges of the KDOL Division of Workers Compensation hear disputed claims first. The 5-member Workers Compensation Appeals Board has exclusive jurisdiction to review ALJ decisions (K.S.A. 44-555c). Final Board orders can be appealed directly to the Kansas Court of Appeals within 30 days (K.S.A. 44-556) |
The Exclusive-Remedy Bargain in the Kansas Workers Compensation Act
K.S.A. 44-501b(d) — “except as provided in the workers compensation act,” an employer or co-employee is not liable in a civil suit for an injury that is compensable under the act. Main exception: claims against negligent third parties (people other than the employer) are preserved under K.S.A. 44-504
Retaliation and Penalties Under the Kansas Workers Compensation Act
NONE in the act itself. Kansas has no retaliation statute. Protection comes from the common-law tort of retaliatory discharge, first recognized in Murphy v. City of Topeka, 6 Kan. App. 2d 488 (1981). Remedy: a civil tort suit for damages, which may include punitive damages K.S.A. 44-532 — knowingly and intentionally failing to secure coverage is a class A misdemeanor.
The Director may also assess a civil penalty of twice the annual premium or 25000, whichever is greater. K.S.A. 44-532a lets the Workers Compensation Fund pay benefits when an uninsured employer cannot Administrative law judges of the KDOL Division of Workers Compensation hear disputed claims first. The 5-member Workers Compensation Appeals Board has exclusive jurisdiction to review ALJ decisions (K.S.A. 44-555c).
Final Board orders can be appealed directly to the Kansas Court of Appeals within 30 days (K.S.A. 44-556)
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Recent Amendments to the Kansas Workers Compensation Act
No amendment to the Kansas workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Kansas Workers Compensation Act
Statute pages are written for lawyers, so read the Kansas workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Kansas workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Kansas claim guide turns these sections into steps and dates, and the Kansas requirements guide covers the employer side.
Frequently Asked Questions
Where is the Kansas workers compensation act in the code?
Kansas Statutes Annotated (K.S.A.) Chapter 44, Article 5 (K.S.A. 44-501 et seq.). The sources below link to the official text.
How long do I have to report a work injury under the Kansas act?
K.S.A. 44-520 — the worker must give the employer notice by the earliest of: 20 calendar days from the accident or repetitive-trauma injury; 20 calendar days from seeking medical treatment, if still employed there; or 10 calendar days after the last day of actual work, if no longer employed there. Notice can be oral or written.
If the employer has designated someone in writing to receive notice, it must go to that person. The deadline may be waived if the employer had actual knowledge, the employer was unavailable, or the worker was physically unable to give notice. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Kansas workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Kansas Sources & Resources
- Kansas Kansas Department of Labor, Division of Workers Compensation (appeals go to the Workers Compensation Appeals Board): https://www.dol.ks.gov/workers-compensation/overview
- Kansas Workers’ Comp Statute: https://www.ksrevisor.gov/statutes/chapters/ch44/044_005_0001b.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Kansas workers compensation act guide was last verified against official Kansas sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.