What to Do If Your Employer Is Uninsured or a Non-Subscriber in Kansas
What to Do If Your Employer Is Uninsured or a Non-Subscriber in Kansas
If you are injured at work in Kansas, you normally turn to workers’ compensation for medical care and wage replacement. But what happens if your employer is uninsured or a non-subscriber? While most employers in Kansas are legally required to carry workers’ compensation insurance, some fail to comply. If that
happens, injured employees are placed in a difficult situation, but they still have legal rights and options.
Understanding Non-Subscribers and Uninsured Employers
- Non-subscriber employers are those who opt out of workers’ compensation coverage despite being required to carry it.
- Uninsured employers may not have coverage due to negligence, cost-cutting, or willful violation of the law.
In either case, employees cannot simply rely on standard workers’ compensation benefits. Instead, they may need to take legal action directly against their employer.
Your Legal Rights in Kansas
If your employer lacks proper coverage, you may be entitled to:
- Filing a personal injury lawsuit against the employer for medical costs, lost wages, and pain and suffering.
- Recovery of full damages since the protections that normally limit employer liability under workers’ compensation laws do not apply.
- Protection from retaliation, since Kansas law prohibits an employer from firing or punishing an employee for pursuing a legitimate claim.
Steps to Take After a Workplace Injury
- Seek medical care immediately – Prioritize your health and ensure your injuries are properly documented.
- Notify your employer in writing – Even if they lack insurance, you should still provide notice of your injury.
- Gather evidence – Keep records of the accident, witness statements, and medical reports.
- Consult with an attorney – An experienced lawyer can evaluate your options and pursue compensation through litigation or settlement.
Why Legal Guidance Matters
When an employer is uninsured or a non-subscriber, the claims process is often more complex. Instead of an administrative workers’ compensation claim, you may need to file a lawsuit, prove fault, and present evidence of negligence. Having legal representation can make the difference in securing the compensation you deserve.
At Law Offices of Randall J. Price, we help injured workers in Wichita and across Kansas understand their rights when their employer fails to provide workers’ compensation insurance.
