If you’ve been injured at work in Kansas, you usually expect workers’ compensation to cover your medical bills and lost wages. However, not all employers carry workers’ compensation insurance. Some may be uninsured or non-subscribers, meaning they’ve chosen not to participate in the state’s workers’ compensation system. If that’s the case, you still have legal options — but your path to compensation will look different.

Understanding Kansas Workers’ Compensation Requirements

Kansas law generally requires most employers to carry workers’ compensation insurance. This system protects both employees and employers — employees get medical and wage benefits for job-related injuries, and employers avoid lawsuits. However, certain employers, such as small businesses or those in exempt industries, may opt out or fail to maintain coverage.

If your employer doesn’t have workers’ compensation insurance, you cannot file a standard workers’ comp claim. Instead, you may need to pursue compensation through other legal means.

Filing a Lawsuit Against an Uninsured Employer

When an employer is uninsured, Kansas law allows you to file a personal injury lawsuit directly against them. Unlike workers’ compensation claims, where fault is not a factor, in a lawsuit, you must prove that your employer’s negligence caused your injury. This may include:

• Failure to maintain a safe workplace
• Lack of proper training or safety equipment
• Violations of workplace safety regulations

If successful, you may be entitled to damages for medical expenses, lost income, pain and suffering, and more — potentially more than you would receive through workers’ comp.

What if the Employer Is a Non-Subscriber?

A non-subscriber employer has opted out of the workers’ compensation system voluntarily. In these cases, Kansas law typically removes certain legal defenses employers usually have, such as claiming the employee’s negligence contributed to the injury. This gives you an advantage if you decide to sue.

Steps to Take After a Workplace Injury

1. Seek medical attention immediately. Document your injuries and keep all medical records.
2. Notify your employer in writing. Even if they’re uninsured, provide prompt notice of the incident.
3. Gather evidence. Take photos, collect witness statements, and preserve any relevant communications.
4. Contact an attorney. A Kansas workplace injury attorney can investigate your employer’s insurance status and guide you through the process of filing a lawsuit or claim.

At Law Offices of Randall J. Price, we assist injured workers in Wichita and throughout Kansas who are dealing with uninsured or non-subscriber employers. Our team can help you pursue the compensation you deserve through every available legal avenue.