Within the past year, Kansas has gone from having some of the lowest workers’ compensation benefits in the country to among the highest. That was thanks to a law enacted in July 2024. Both Democrats and Republicans in the state legislature passed the law, agreeing that it was long past time for change in workers’ comp benefits caps, which hadn’t been increased since 2011. That means as overall wages increased annually, the percentage of benefits based on wages dropped.
Kansas is among the few states that caps workers’ comp benefits. Even among those states, it lagged behind in the highest amount that could be paid for workers who suffered serious and/or long-term disability or death. Following are the current caps compared to the previous ones before the law was changed:
- Temporary and permanent partial disability and temporary total disability went from $130,000 to $225,000.
- The permanent total disability cap was raised from $155,000 to $400,000.
- The death benefit cap went from $300,000 to $500,000.
Further, the caps will be increased periodically to factor in the rising cost of living. Beginning in 2027, annual adjustments will be made.
For workers who are looking at a lifetime with a disability or families who have lost a young father or mother because of a workplace accident, those previous caps were just not high enough to provide the financial support they needed.
What else does the law do?
In addition to raising the caps, the law features provisions that help expedite the handling of workers’ comp claims. For example, doctors who may have had to sit for a deposition in a claim previously can how simply submit a report. Further, under the law, members of the Kansas National Guard now qualify for workers’ compensation benefits.
The law represents several decades of advocacy by those in the legal community, labor unions and some in the business community. In the end, people on both sides of the issue and in both political parties joined forces to improve Kansas’ workers’ comp system for workers throughout the state.
Of course, this doesn’t mean those seeking workers’ comp may not still face challenges. That’s where having experienced legal guidance can still make all the difference.