Exempt Status Affidavit
Workers' Compensation Program
The Kansas Insurance Department administers what is referred to as the Workers’ Compensation Fund (previously referred to as the Second Injury Fund) through its Workers’ Compensation Program. This Program is different from the program that is administered by the Kansas Department of Labor because this program involves second injury claims, insolvent employer claims or other claims specifically exempted by law from payment by insurance companies. When the 1974 Legislature established the Insurance Department Workers’ Compensation Program, its goal was to encourage the employment of persons disabled as a result of specific impairments by relieving employers, wholly or partially, of workers compensation liability resulting from compensable industrial accidents suffered by these employees.
Legislation adopted in 1993, provided that the Fund would not be responsible for claims with accident dates after July 1, 1994. Because of this law, the Insurance Department has seen a drastic reduction in claims over the last several years. Today, the Department manages approximately 3,700 active cases and has approximately 20 individuals who receive monthly awards from the fund. Claims paid from the fund total about $2.6 million each year. The Department has assumed a number of expenses related to insolvent employer cases. The fund also continues to remain liable for second-injury cases involving individuals with pre-existing impairments with accident dates prior to July 1, 1994.
The Department strives to appoint well trained and knowledgeable attorneys to defend claims against the Fund, collect reimbursement from insolvent employers and to review and evaluate all cases for litigation and/or settlement purposes to ensure that claims against the Fund are appropriate and that payments, if necessary, are made for the proper amounts as specified by order of the Court or certification by the Director of the Division of Workers’ Compensation. An internal staff ensures that payments to claimants, attorneys, and all others are done in a timely manner.
The Kansas Legislature, in KSA 44-566a, requires the Commissioner of Insurance to annually report to the Governor and the Legislature the receipts and expenditures from the Workers’ Compensation Second-Injury Fund. That report, complete with tables, can be accessed on this website at:
- 2012 Fiscal Year Report
- 2011 Fiscal Year Report
- 2010 Fiscal Year Report
- 2009 Fiscal Year Report
- 2008 Fiscal Year Report
- 2007 Fiscal Year Report
- 2006 Fiscal Year Report
- 2005 Fiscal Year Report
- 2004 Fiscal Year Report
- 2003 Fiscal Year Report
(Fiscal Year Reports are in PDF format)
For additional information associated with the Workers’ Compensation Program, you may contact the Kansas Insurance Department at 785-296-3071 or 1-800-432-2484 and ask for the Fund’s Attorney. (Information on the Kansas Department of Labor Workers' Compensation Division.)