Workers’ Compensation and Benefit Limits

History of Workers’ Compensation

Workers’ compensation systems in the United States have existed since the early 20th century, with Wisconsin’s being the first in 1911 and Mississippi’s the last in 1948. Unlike other worker safety nets, such as unemployment insurance or disability benefits, workers’ compensation systems are not federally mandated.

Workers’ compensation systems were historically created to address physical injuries to employees by requiring all employers to have an insurance policy that would provide for the injured employee’s medical care, as well as provide compensation based upon the amount of time at work missed, the severity of the injury, and the permanency of the injury.

An increased understanding of post-traumatic stress disorder (PTSD) and other mental
health injuries, especially among first responders, has led many states to amend their workers’ compensation systems to allow for employees to also receive benefits for workplace injuries that result in a mental health injury only.

State Overview

In Kansas, an employee injured on the job is entitled to medical treatment that is “reasonably necessary” to cure or treat the effects of their injury. The employee may also be entitled to weekly benefit checks for 66.67 percent of the employee’s average weekly wage for a period of time based upon the type of injury received and the permanence of said injury.

KSA 44-510f sets the maximum total workers’ compensation benefits in Kansas at:

• $155,000 for permanent total disability;
• $130,000 for temporary or partial disability; and
• $75,000 for partial disability limited to functional impairment.

As of 2022, Kansas was one of only five states with a fixed absolute limit on the amount of permanent total disability benefits an injured employee may receive. Of those five states, Kansas has the lowest total benefit amount for permanent total disability at $155,000, which was last amended in 2011.

Mental Health Benefits

Kansas is one of nine states that neither covers mental-only workplace injuries nor has clear state law on whether mental workplace injuries would be covered. As noted in the chart below, 41 states currently provide for workers’ compensation coverage for mental-only injuries in some capacity. Of those states, 26 only cover mental workplace injuries for first responders or mental workplace injuries accompanied by a physical injury. The remaining 15 states cover mental-only workplace injuries when various requirements are met, such as the injury being from an extraordinary event or evidence from a mental health professional supporting the claim.

Mental-only Worker Health Benefits by State

Previous Bills in Kansas

2022 Legislative Session

2022 SB 491 would have allowed first responders to receive workers’ compensation benefits for PTSD. The bill received a hearing on February 21, 2022, in the Senate Committee on Commerce, but no further action was taken. The bill died in Committee on May 23, 2022.

2023 Legislative Session

SB 38 would increase the maximum compensation benefits payable by an employer for permanent total disability suffered by an injured employee from $155,000 to $350,000. The bill received a hearing on March 29, 2023, but no further action was taken. The bill remains in the Senate Committee on Commerce.

SB 165 would permit workers’ compensation benefits for first responders who suffer from PTSD. The bill was assigned to the Senate Committee on Commerce but did not receive a hearing. The bill remains in the Senate Committee on Commerce.