Differences Between Missouri and Kansas Workers Compensation Cases

On behalf of Harper, Evans, Hilbrenner & Netemeyer

April 23, 2025


Workplace injuries happen every day. Whether you work in construction, manufacturing, healthcare, or any other industry, the risk of injury is always present. If you get hurt on the job, workers compensation laws determine what benefits you can receive. But here's the catch: not all states handle workers compensation the same way.
Missouri and Kansas have different laws governing workers compensation claims. These differences impact everything from how claims are filed to what benefits injured workers receive. If you work in one state but live in the other, or if your company operates in both states, understanding these distinctions is critical.
At Harper, Evans, Hilbrenner & Netemeyer, we help injured workers get the compensation they deserve. This article explains the key differences between Missouri and Kansas workers compensation cases so you can better understand your rights.

How Workers Compensation Laws Differ in Missouri and Kansas

Fault and No-Fault Systems
Workers compensation is designed to provide benefits to employees injured on the job, regardless of fault. Both Missouri and Kansas operate under no-fault workers compensation systems, meaning an employee does not have to prove the employer was negligent to receive benefits. However, the two states handle some aspects of claims differently.
In Missouri, workers compensation laws tend to be more favorable to employees. The system allows broader access to benefits and has fewer restrictions on claims. Kansas, on the other hand, has stricter rules for approving claims and calculating benefits. This means workers in Kansas may face more hurdles when seeking compensation compared to those in Missouri.

Employer Coverage Requirements
The laws in Missouri and Kansas differ regarding which employers must provide workers compensation coverage:

  • Missouri: Any employer with five or more employees must provide workers compensation insurance. However, construction industry employers must carry coverage if they have one or more employees.
  • Kansas: Employers with at least one employee are generally required to have workers compensation insurance. However, certain agricultural employers and independent contractors may be exempt.


If you are unsure whether your employer is required to carry workers compensation insurance, an experienced attorney can help clarify your rights.

Choosing a Doctor for Treatment
Medical treatment is a major part of any workers compensation claim, and the rules in Missouri and Kansas differ significantly when it comes to selecting a doctor.

  • Missouri: The employer has the right to choose the medical provider. If the employee seeks treatment from a different doctor without employer approval, they may have to cover those expenses themselves.
  • Kansas: The employer also selects the doctor in most cases, but employees have a little more flexibility. If the worker is not satisfied with the employer-selected doctor, they may request a change. Kansas law allows up to $500 in unauthorized medical expenses for treatment from a doctor of the worker’s choosing.


If you are unhappy with the medical care you receive under workers compensation, legal guidance can help you explore your options.

Wage Replacement and Disability Benefits
Both Missouri and Kansas provide wage replacement benefits for workers who are unable to work due to their injuries. However, the way these benefits are calculated varies between states.

  • Missouri: Temporary total disability (TTD) benefits are 66.67% of the worker’s average weekly wage, subject to a state maximum. Permanent partial and total disability benefits are also calculated based on the severity of the injury and the worker’s earning capacity.
  • Kansas: The state also provides 66.67% of the average weekly wage, but the weekly maximum benefits are typically lower than those in Missouri. Additionally, Kansas has stricter rules about how long benefits are paid and how permanent impairments are rated.
For example, in Missouri, a permanently disabled worker may qualify for lifetime payments, while Kansas often caps benefits at $155,000 for total disability cases.

Waiting Periods and Maximum Benefit Durations
Each state has its own rules about when wage benefits begin and how long they last:

  • Missouri: There is a three-day waiting period before benefits start. If the worker is unable to work for more than 14 days, they can receive compensation for the initial three-day waiting period.
  • Kansas: Benefits also begin after a seven-day waiting period, but the worker can only recover payment for the first seven days if their disability lasts longer than 21 days.

These waiting periods can impact workers significantly, especially those living paycheck to paycheck. Understanding these rules can help injured employees plan accordingly.


Permanent Disability and Impairment Ratings
When a worker suffers a lasting impairment, they may qualify for permanent disability benefits. The method for determining permanent disability differs between the two states.

  • Missouri: Missouri uses a whole-body approach to determine permanent disability. A medical expert assigns an impairment rating, and compensation is based on this percentage.
  • Kansas: Kansas follows the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment, which often leads to lower impairment ratings. This means workers in Kansas may receive less compensation than those with similar injuries in Missouri.


Workers Compensation Settlements
Many workers compensation cases end in settlements rather than going to trial. Settlement laws vary slightly between Missouri and Kansas.

  • Missouri: Settlements must be approved by an administrative law judge to ensure they are fair to the worker.
  • Kansas: Settlements may be reviewed by a judge, but in some cases, they are handled through the Kansas Division of Workers Compensation without a formal hearing.


If you are considering a settlement, working with an attorney can help ensure you receive fair compensation for your injuries.

Why Legal Representation Matters
Understanding the differences between Missouri and Kansas workers compensation laws is important, but the claims process can still be complicated. Insurance companies often try to minimize payouts, and employers may challenge claims to avoid higher insurance premiums.

An experienced workers compensation attorney can help by:
  • Ensuring your claim is filed correctly
  • Challenging denied claims or low benefit offers
  • Negotiating fair settlements
  • Advocating for necessary medical treatment
At Harper, Evans, Hilbrenner & Netemeyer, we have extensive experience handling workers compensation claims in both Missouri and Kansas. We understand the nuances of each state’s laws and fight to get injured workers the benefits they deserve.


Contact Harper, Evans, Hilbrenner & Netemeyer for Help
If you’ve been injured at work in Missouri or Kansas, you need an attorney who knows the ins and outs of both states’ workers compensation systems. The team at Harper, Evans, Hilbrenner & Netemeyer is ready to guide you through the process and protect your rights.
Don’t let confusing laws or insurance company tactics stand between you and the compensation you deserve. Call us today for a consultation and get the legal support you need to recover and move forward with confidence.