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STATE REQUIREMENTS

When Kansas requires workers’ compensation

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In Kansas, workers' compensation is required once gross annual payroll exceeds $20,000. All wages paid to employees count toward the payroll test, including part-time and family members; an owner's own draw does not. Sole proprietors and partners may elect coverage; corporate officers who own at least ten percent of the stock may elect out. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Kansas rules with sources
TopicThe rule in KansasSource
Who must carry itAn employer whose gross annual payroll exceeds $20,000 must carry workers' compensation; agricultural employers are exempt regardless of payroll.K.S.A. 44-505, 44-532, 44-532a; Kansas Department of Labor — Workers Compensation: employers
Who counts as an employeeAll wages paid to employees count toward the payroll test, including part-time and family members; an owner's own draw does not.Kansas Department of Labor — Workers Compensation: employers
Owners, officers and LLC membersSole proprietors and partners may elect coverage; corporate officers who own at least ten percent of the stock may elect out.K.S.A. 44-505, 44-532, 44-532a
If you go withoutUninsured employers face civil penalties, lose their common-law defenses, and are liable for benefits.Kansas Department of Labor — Workers Compensation: employers

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Kansas

An employer whose gross annual payroll exceeds $20,000 must carry workers' compensation; agricultural employers are exempt regardless of payroll.

Who counts as an employee

All wages paid to employees count toward the payroll test, including part-time and family members; an owner's own draw does not. The label on the paycheck does not settle it: Kansas applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Sole proprietors and partners may elect coverage; corporate officers who own at least ten percent of the stock may elect out. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

Uninsured employers face civil penalties, lose their common-law defenses, and are liable for benefits. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Kansas. When does the policy have to be in place?

Before the first shift if the threshold is met. Kansas requires coverage once gross annual payroll exceeds $20,000, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Kansas?

The form you file does not decide it. Kansas applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Kansas?

Sole proprietors and partners may elect coverage; corporate officers who own at least ten percent of the stock may elect out. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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