Am I Required to Have Workers Compensation Coverage for Volunteers in Kansas?
Full Question:
As a part-time Chaplain for a retirement community I work from 6 to 8 hours a week in the Chaplains' office and another 4 or 5 hours a week at home, using my home office equipment. My major responsibilities include organizing, from a corps of volunteers,the musicians and worship leaders for chapel services, Bible studies, and memorial services, producing monthly schedules for distribution to residents and volunteers, making announcements,writing news items for the monthly Village Voice, etc. To date I have worked as an independent contractor, without any benefits. As we consider a contract for the next fiscal year I am being asked to purchase workmens compensation. Does Kansas law require this?
06/30/2009 |
Category: Employment |
State: Kansas |
#17264
Answer:
The following is from the KS Department of Labor:
"Most employers are required by law to provide for the payment of workers compensation claims, at no expense to the employee. Employers shall satisfy this requirement in one of three ways:
• Workers compensation insurance: obtained from a licensed insurance carrier; the employer pays the premiums and the insurance company pays the claims. The insurance
carriers are regulated by the Kansas Insurance Department.
• Self-insurance: an individual employer must demonstrate to the State the financial ability to pay any claims that might arise. This program is administered by the Division of Workers Compensation.
• Group-funded pool: a group of employers meeting certain statutory requirements may form a self-insurance program to jointly insure their ability to pay claims. This program is administered by the Kansas Department of Insurance.
Intentional failure to provide for workers compensation payment in one of the above ways is a class A misdemeanor and subjects the employer to a civil penalty in an amount twice the annual premium the employer would have paid for insurance or $25,000, whichever amount is greater.
Employment categories excluded from the law are:
• certain agricultural pursuits;
• realtors who qualify as independent contractors;
• employers with gross annual payrolls of $20,000 or less;
• firefighters belonging to a firefighters relief association which has waived coverage under
the workers compensation law; and
• certain owner-operator vehicle drivers covered by their own occupational accident insurance policy."
Please see the following KS statute to determine appliability:
44-508. Definitions.
As used in the workers compensation act:
(a) "Employer" includes:
(1) Any person or body of persons, corporate
or unincorporate, and the legal representative of a deceased employer or
the receiver or trustee of a person, corporation, association or
partnership;
(2) the state or any department, agency or authority of the
state, any city, county, school district or other political subdivision
or municipality or public corporation and any instrumentality thereof;
and
(3) for the purposes of community service work, the entity for which
the community service work is being performed and the governmental agency
which assigned the community service work, if any, if either such entity
or such governmental agency has filed a written statement of election
with the director to accept the provisions under the workers compensation
act for persons performing community service work and in such case such
entity and such governmental agency shall be deemed to be the joint
employer of the person performing the community service work and both
shall have the rights, liabilities and immunities provided under the
workers compensation act for an employer with regard to the community
service work, except that the liability for providing benefits shall be
imposed only on the party which filed such election with the director, or
on both if both parties have filed such election with the director; for
purposes of community service work, "governmental agency" shall not
include any court or any officer or employee thereof and any case where
there is deemed to be a "joint employer" shall not be construed to be a
case of dual or multiple employment.
(b) "Workman" or "employee" or "worker" means any person who has entered
into the employment of or works under any contract of service or
apprenticeship with an employer. Such terms shall include but not be
limited to: Executive officers of corporations; professional athletes;
persons serving on a volunteer basis as duly authorized law enforcement
officers, attendants, as defined in subsection (d) of K.S.A. 65-6112, and
amendments thereto, drivers of ambulances as defined in subsection (b) of
K.S.A. 65-6112, and amendments thereto, firefighters, but only to the
extent and during such periods as they are so serving in such capacities;
persons employed by educational, religious and charitable organizations,
but only to the extent and during the periods that they are paid wages by
such organizations; persons in the service of the state, or any department,
agency or authority of the state, any city, school district, or other
political subdivision or municipality or public corporation and any
instrumentality thereof, under any contract of service, express or implied,
and every official or officer thereof, whether elected or appointed, while
performing official duties; persons in the service of the state as volunteer members of the Kansas department of civil air
patrol, but only to the extent and during such periods as they are
officially engaged in the performance of functions specified in K.S.A.
48-3302 and amendments thereto; volunteers in any employment, if the
employer has filed an election to extend coverage to such volunteers;
minors, whether such minors are legally or illegally employed; and
persons performing community service work, but only to the extent and
during such periods as they are performing community service work and if
an election has been filed an election to extend coverage to such
persons. Any reference to an employee who has been injured shall, where
the employee is dead, include a reference to the employee's dependents,
to the employee's legal representatives, or, if the employee is a minor
or an incapacitated person, to the employee's guardian or conservator.
Unless there is a valid election in effect which has been filed as
provided in K.S.A. 44-542a, and amendments thereto, such terms shall not
include individual employers, limited liability company members, partners
or self-employed persons.
