This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.
Quick Answer: What Kansas Workers’ Comp Pays Per Week
In Kansas, workers’ comp pays 66.67% of your average weekly wage (AWW), capped at 75% of the Kansas State Average Weekly Wage (SAWW). For 2025 claims, the Kansas SAWW is $1,155 (Kansas Department of Labor, 2025), making the maximum weekly TTD benefit approximately $866. There is no statutory minimum TTD rate in Kansas — your benefit is simply 66.67% of whatever your AWW calculates to, subject to that ceiling. If you earned $900/week before your injury, you get roughly $600/week. If you earned $3,000/week, you still only get ~$866.
From Shane: Surviving on 66.67% of Your Income
The first time I got hurt — a back injury in 2011 — I had no idea what was coming. I just assumed workers’ comp would “take care of me.” Nobody told me I’d be living on two-thirds of my paycheck starting from day one, or that my employer’s insurance carrier would low-ball my average weekly wage calculation right out of the gate.
Here’s the brutal truth nobody warns you about: 66.67% feels like a lot until it’s your actual income. After taxes, health insurance you’re now paying out-of-pocket, and the mortgage, it’s not enough. I had to take out a personal loan during my second claim in 2015 because I didn’t budget for it. Build a two-month emergency buffer the moment you file. And before you accept your first weekly check, verify the AWW they used to calculate it. I’ll show you exactly how below.
The Exact Kansas Workers’ Comp Benefit Formula
Step 1: Calculate Your Average Weekly Wage (AWW)
Kansas law defines AWW under K.S.A. 44-511. The standard method uses your gross wages from the 26 weeks immediately before your date of injury, divided by 26.
AWW = Total gross wages in the 26 weeks before injury ÷ 26
What counts in your AWW:
| Income Type | Included in AWW? | Notes |
|---|---|---|
| Regular hourly wages | ✅ Yes | Gross, not net |
| Overtime pay | ✅ Yes | Kansas includes OT in AWW |
| Shift differentials | ✅ Yes | Included in gross |
| Bonuses (regular/production) | ✅ Yes | If part of regular compensation |
| Bonuses (discretionary/holiday) | ⚠️ Disputed | Carrier may exclude; challenge this |
| Second job wages (concurrent) | ✅ Yes | If employer knew about second job |
| Tips | ✅ Yes | If reported/documented |
| Sick/vacation pay | ✅ Yes | If received during 26-week period |
| Commissions | ✅ Yes | Averaged over 26 weeks |
Important: If you worked fewer than 26 weeks for that employer, Kansas uses your actual weeks worked as the denominator — not 26. Don’t let a carrier default to 26 weeks if you’d only been on the job for 12 weeks; it will artificially deflate your AWW.
Step 2: Apply the Benefit Rate
Weekly Benefit = AWW × 0.6667
Step 3: Apply the Cap
Maximum Weekly Benefit = Kansas SAWW × 0.75
2025 Cap: $1,155 × 0.75 = ~$866/week
If your 66.67% calculation exceeds $866, you receive $866. Period.
Pre-Calculated Kansas Workers’ Comp Weekly Benefit Table
Based on 66.67% benefit rate. 2025 maximum weekly benefit cap: ~$866. Verify the current SAWW at Kansas Department of Labor before relying on this table for legal purposes.
| Your AWW | Weekly Benefit (66.67%) | At/Near Cap? |
|---|---|---|
| $300 | $200 | No |
| $400 | $267 | No |
| $500 | $333 | No |
| $600 | $400 | No |
| $700 | $467 | No |
| $800 | $533 | No |
| $900 | $600 | No |
| $1,000 | $667 | No |
| $1,100 | $733 | No |
| $1,200 | $800 | No |
| $1,300 | $867 | ⚠️ Hits cap |
| $1,400 | $866 (capped) | ✅ Capped |
| $1,500 | $866 (capped) | ✅ Capped |
| $1,600 | $866 (capped) | ✅ Capped |
| $1,700 | $866 (capped) | ✅ Capped |
| $1,800 | $866 (capped) | ✅ Capped |
| $1,900 | $866 (capped) | ✅ Capped |
| $2,000 | $866 (capped) | ✅ Capped |
| $2,100 | $866 (capped) | ✅ Capped |
| $2,200 | $866 (capped) | ✅ Capped |
| $2,300 | $866 (capped) | ✅ Capped |
| $2,400 | $866 (capped) | ✅ Capped |
| $2,500 | $866 (capped) | ✅ Capped |
| $2,600 | $866 (capped) | ✅ Capped |
| $2,700 | $866 (capped) | ✅ Capped |
| $2,800 | $866 (capped) | ✅ Capped |
| $2,900 | $866 (capped) | ✅ Capped |
| $3,000 | $866 (capped) | ✅ Capped |
Note: The cap kicks in at an AWW of approximately $1,299. Any AWW above that level produces the same capped benefit.
What the Law Says vs. What Actually Happens
The law says your employer’s insurance carrier must use your actual gross wages from all documented sources over 26 weeks to compute AWW accurately and in your favor.
What actually happens:
-
They use net pay instead of gross pay. This is one of the most common errors. AWW is calculated on gross wages. Always request your pay stubs and W-2s and verify the raw numbers yourself.
-
They exclude your overtime. Carriers routinely strip overtime from AWW calculations claiming it was “irregular.” Kansas law does not support this exclusion if OT was a regular part of your work. See Stover v. Suzuki of Wichita, Kansas Court of Appeals, discussing the inclusion of consistent additional compensation in AWW.
-
They drop weeks you didn’t work. If you took unpaid leave or had an illness during the 26-week lookback window, some carriers will drop those weeks from the numerator but keep 26 in the denominator — slashing your AWW. They should substitute comparable weeks or use actual weeks worked.
-
They ignore your second job. Under K.S.A. 44-511(b), wages from concurrent employment are includable if the employer knew about the second job. Notify your employer of any second job in writing — and keep that written record.
How to catch it: Pull your own pay stubs for every week in the 26-week window. Add up gross wages. Divide by 26. Compare to the number on your first benefit check. A discrepancy of even $50/week compounds to $2,600/year on a two-year claim.
Real Case Example: Fluctuating Hours + Overtime
Worker: Marcus, a warehouse foreman in Wichita, Kansas. Injured his knee in a forklift accident on March 15, 2025.
Wage history (26 weeks before injury):
- Regular hourly rate: $22/hour
- Standard hours: 40/week
- Overtime weeks: 14 of 26 weeks, averaging 9 OT hours/week at $33/hour
- One unpaid illness week (carrier tried to zero it out)
Carrier’s AWW calculation (incorrect):
– Regular wages only: $22 × 40 × 26 = $22,880
– Divided by 26 = $880/week AWW
– Benefit offered: $880 × 0.6667 = $587/week
Correct AWW calculation:
– Regular wages: $22 × 40 × 25 workable weeks = $22,000
– OT wages: $33 × 9 hours × 14 weeks = $4,158
– Substituted zero-week with prior comparable week: +$1,088 gross
– Total 26-week gross: $27,246
– AWW: $27,246 ÷ 26 = $1,048/week
– Correct benefit: $1,048 × 0.6667 = $699/week
Difference: $112/week. Over a 52-week claim, that’s $5,824 the carrier was attempting to underpay Marcus. His attorney caught it within 30 days of the first check.
Frequently Asked Questions
Q: Does Kansas workers’ comp pay anything during the first week I’m off work?
Direct answer: Kansas has a waiting period of the first week (seven calendar days) before TTD benefits begin. You do not receive payment for that first week — unless your disability lasts more than 21 days. If it does, Kansas pays you retroactively for that initial week. This is governed by K.S.A. 44-510b.
What this means practically: If you’re out for 10 days and return to work, you may receive payment for only three days (days 8–10). If you’re out for five weeks, you’ll receive benefits for the entire period including the retroactive first week. Plan your short-term finances accordingly. Don’t assume your first check covers day one. I made this mistake in 2011 and had zero income for 12 days before my first check arrived. Have two weeks of living expenses liquid before your claim enters the benefit payment stage.
Q: How does Kansas calculate AWW if I was just hired and don’t have 26 weeks of earnings?
Direct answer: Kansas uses the wages you actually earned, divided by the actual number of weeks you worked for that employer — not 26. If you worked 8 weeks, your AWW is total wages divided by 8.
Critical nuance: If your position is one that other employees in similar roles hold and those employees have 26-week earnings histories, Kansas law allows you to request that your AWW be calculated based on what you would have earned over 26 weeks. This is especially valuable for seasonal workers, apprentices, and workers who changed jobs shortly before injury. Document your job classification, your rate of pay, and pull pay records from coworkers in equivalent positions if possible. Carriers will always use the method that produces the lowest AWW. Your attorney — and the evidence — can push back.
Q: Are Kansas workers’ comp benefits taxable?
Direct answer: No. Kansas workers’ comp weekly benefits are not subject to federal income tax under 26 U.S.C. § 104(a)(1), and Kansas does not tax them at the state level either. You will not receive a W-2 or 1099 for workers’ comp payments.
One critical exception: If you are also receiving Social Security Disability Insurance (SSDI) simultaneously, a “coordination of benefits” offset may apply. The combined total of workers’ comp and SSDI cannot exceed 80% of your pre-injury average current earnings. If it does, SSA reduces your SSDI payment — not your workers’ comp. This is the Social Security offset rule. It does not make your workers’ comp taxable, but it can affect your total household income in ways you need to plan for. Talk to both your workers’ comp attorney and a Social Security attorney if you’re pursuing concurrent benefits.
Q: What if I can work light duty but my employer doesn’t have light duty available?
Direct answer: If your doctor certifies you for light duty and your employer cannot accommodate those restrictions, you should remain entitled to full TTD benefits in Kansas. However, this is one of the most aggressively contested areas in workers’ comp.
What carriers do: They send a “job search letter” requiring you to document that you are actively seeking light-duty employment elsewhere. Failure to comply can result in benefit suspension. Kansas law under K.S.A. 44-510e recognizes “work search” requirements when an injured worker has restrictions but is not at maximum medical improvement (MMI). You must keep a meticulous written log of every job application, every phone call, every rejection. Carriers look for any gap in your job search activity as grounds to reduce or terminate benefits. If your employer offers you light duty that technically falls within your medical restrictions but is humiliating, dangerous in other ways, or well below your skill level, get your doctor to document additional specific restrictions and consult your attorney before refusing the position.
Q: Can my employer fire me for filing
More Kansas Workers Comp Resources
Need help finding the right next step?
This article is general educational information, not personal advice. You can use our Contact and Feedback page to report a correction, suggest a topic, or—where available—optionally request a connection with an independent professional.