Kansas Statutes Annotated

K.S.A. § 44-511 (2026)

Definitions; average weekly wage; volunteers; state's average weekly wage; coverage for services performed by members for a union or other association in certain circumstances

✓ current as of May 2026

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44-511. Definitions; average weekly wage; volunteers; state's average weekly wage; coverage for services performed by members for a union or other association in certain circumstances. (a) As used in this section:

(1) The term "money" shall be construed to mean the gross remuneration, on an hourly, output, salary, commission or other basis earned while employed by the employer, including sick, vacation or other paid time off, bonuses and gratuities. Money shall not include any additional compensation, as defined in paragraph (2).

(2) (A) The term "additional compensation" shall include and mean only the following: (i) Board and lodging when furnished by the employer as part of the wages, which shall be valued at a maximum of $25 per week for board and lodging combined, unless the value has been fixed otherwise by the employer and employee prior to the date of the accident or injury, or unless a higher weekly value is proved; and (ii) employer-paid life insurance, disability insurance, health and accident insurance and employer contributions to pension and profit sharing plans.

(B) In no case shall additional compensation include any amounts of employer taxes paid by the employer under the old-age and survivors insurance system embodied in the federal social security system.

(C) Additional compensation shall not be included in the calculation of average wage until and unless such additional compensation is discontinued. If such additional compensation is discontinued subsequent to a computation of average weekly wages under this section, there shall be a recomputation to include such discontinued additional compensation.

(3) The term "wage" shall be construed to mean the total of the money and any additional compensation that the employee receives for services rendered for the employer in whose employment the employee sustains an injury arising out of and in the course of such employment.

(b) (1) Unless otherwise provided, the employee's average weekly wage for the purpose of computing any compensation benefits provided by the workers compensation act shall be the wages the employee earned during the calendar weeks employed by the employer, up to 26 calendar weeks immediately preceding the date of the injury, divided by the number of calendar weeks the employee actually worked, or by 26 as the case may be.

(2) If the employee worked less than the employee's expected weekly schedule during the first week of employment, such week shall not be included in the calculation of the employee's average weekly wage.

(3) If actually employed by the employer for less than one calendar week immediately preceding the accident or injury, the average weekly wage shall be determined by the administrative law judge based upon all of the evidence and circumstances, including the usual wage for similar services paid by the same employer, or if the employer has no employees performing similar services, the usual wage paid for similar services by other employers. The average weekly wage so determined shall not exceed the actual average weekly wage the employee was reasonably expected to earn in the employee's specific employment, including the average weekly value of any additional compensation.

(4) The average weekly wage of an employee who performs the same or a very similar type of work on a part-time basis for each of two or more employers, shall be the sum of the average weekly wages of such employee paid by each of the employers.

(5) In determining an employee's average weekly wage with respect to the employer against whom claim for compensation is made, no money or additional compensation paid to or received by the employee from such employer, or from any source other than from such employer, shall be included as wages, except as provided in this section. No wages, other compensation or benefits of any type, except as provided in this section, shall be considered or included in determining the employee's average weekly wage.

(6) (A) The average weekly wage of a person serving on a volunteer basis as a duly authorized law enforcement officer, emergency medical service provider as provided in K.S.A. 44-508, and amendments thereto, firefighter or member of a regional emergency medical response team as provided in K.S.A. 48-928, and amendments thereto, who receives no wages for such services, or who receives wages that are substantially less than the usual wages paid for such services by comparable employers to employees who are not volunteers, shall be computed on the basis of the dollar amount closest to, but not exceeding, 112½% of the state average weekly wage.

(B) The average weekly wage of any person performing community service work shall be deemed to be $37.50.

(C) The average weekly wage of a volunteer member of the Kansas department of civil air patrol officially engaged in the performance of functions specified in K.S.A. 48-3302, and amendments thereto, shall be deemed to be $476.38. Whenever the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act are increased for payroll periods chargeable to fiscal years commencing after June 30, 1988, the average weekly wage that is deemed to be the average weekly wage under the provisions of this subsection for a volunteer member of the Kansas department of civil air patrol shall be increased by an amount, adjusted to the nearest dollar, computed by multiplying the average of the percentage increases in all monthly steps of such pay plan by the average weekly wage deemed to be the average weekly wage of such volunteer member under the provisions of this subsection prior to the effective date of such increase in the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act.

(D) The average weekly wage of any other volunteer under the workers compensation act, who receives no wages for such services, or who receives wages that are substantially less than the usual wages paid for such services by comparable employers to employees who are not volunteers, shall be computed on the basis of the usual wages paid by the employer for such services to employees who are not volunteers, or, if the employer has no employees performing such services for wages who are not volunteers, the average weekly wage shall be computed on the basis of the usual wages paid for such services by comparable employers to employees who are not volunteers. Volunteer employment is not presumed to be full-time employment.

(c) The state's average weekly wage for any year shall be the average weekly wage paid to employees in insured work subject to Kansas employment security law as determined annually by the secretary of labor as provided in K.S.A. 44-704, and amendments thereto.

(d) Members of a labor union or other association who perform services on behalf of the labor union or other association and who are not paid as full-time employees of the labor union or other association and who are injured or suffer occupational disease in the course of the performance of duties on behalf of the labor union or other association shall recover compensation benefits under the workers compensation act from the labor union or other association if the labor union or other association files an election with the director to bring its members who perform such services under the coverage of the workers compensation act. The average weekly wage for the purpose of this subsection shall be based on what the employee would earn in the employee's general occupation if at the time of the injury the employee had been performing work in the employee's general occupation. The insurance coverage shall be furnished by the labor union or other association.

History: L. 1927, ch. 232, § 11; L. 1933, ch. 74, § 1 (Special Session); L. 1941, ch. 263, § 1; L. 1955, ch. 250, § 5; L. 1974, ch. 203, § 18; L. 1977, ch. 175, § 3; L. 1979, ch. 156, § 9; L. 1986, ch. 189, § 2; L. 1987, ch. 187, § 9; L. 1988, ch. 167, § 6; L. 1993, ch. 286, § 37; L. 2001, ch. 121, § 3; L. 2002, ch. 149, § 4; L. 2004, ch. 179, § 16; L. 2011, ch. 55, § 13; L. 2019, ch. 64, § 10; L. 2024, ch. 27, § 11; July 1.

Notes of Decisions

Cited in 55 cases (3 in the last 5 years), 1924–2024 · leading case: Kinder v. Murray & Sons Constr. Co., 957 P.2d 488 (Kan. 1998).

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Kinder v. Murray & Sons Constr. Co., 957 P.2d 488 (Kan. 1998). · cites it 21× ““However, during a general overhaul of the Kansas workers compensation system in 1974, K.S.A. 44-511 was amended to include, among other things, the current language of K.”

Lawrence Paper Co. v. Gomez, 897 P.2d 134 (Kan. 1995). · cites it 17× “” The issue is simply whether the way in which the KWCA, through K.S.A. 44-511 (a)(2)(E), defines an employee’s compensation for purposes of computing disability benefits is preempted by ERISA § 514(a), 29 U.”

Wade v. Union Nat'l Bank, 707 P.2d 1087 (Kan. Ct. App. 1985). · cites it 21× “K.S.A. 44-511 was amended in 1974 (L. 1974, ch.”

Maxwell v. City of Topeka, 611 P.2d 161 (Kan. Ct. App. 1980). · cites it 9× “The examiner determined that when the Workmen’s Compensation Act is liberally construed, K.S.A. 1975 Supp. 44-511 in- *8 eludes employer contributions to FICA, KPERS and the monetary equivalent for vacation and sick leave.”

Elder v. Arma Mobile Transit Co., 861 P.2d 822 (Kan. 1993). · cites it 6× “Claimants point out the language of 44-511(b)(5), adopted in 1974, is identical to the language of the previous statute, except for the use of the term “employed” instead of “actually employed.”

Lydy v. Trustaff, Inc./Wausau Ins. Co., 2013 VT 44 (Vt. 2013). · cites it 2× “02 (28) (including in wages “employer contributions for health insurance for the employee or the employee’s dependents”); Kan. Stat. Ann. §44-511 (a)(2)(ii) (expressly including employer-provided insurance in definition of wage); Mich.”

Walters v. Greenland Drilling Co., 334 P.2d 394 (Kan. 1959). · cites it 14× “44-510 (which applied to this accident) reading in part as follows: (2) Where death results from the injury, (a) If a workman leaves any dependents wholly dependent upon his earnings, a sum equal to three (3) times his average yearly earnings, computed as provided in section…”

McIntosh v. Sedgwick Cnty., 147 P.3d 869 (Kan. 2006). · cites it 2× “That statute states in relevant part: *644 “Where permanent total disability results from the injury, weekly payments shall be made during tire period of permanent total disability in a sum equal to 66%% of the average gross weekly wage of the injured employee, computed as…”

Graham v. Dokter Trucking Grp., 161 P.3d 695 (Kan. 2007). “See K.S.A. 2006 Supp. 44-511(b)(5). On claimant’s postinjuiy weekly wage, the ALJ specifically noted that the information provided by the parties was “contradictory in some points and duplicative in others” and that “claimant’s wage fluctuated considerably since he returned to…”

Wilson v. Moridge Mfg., Inc., 579 P.2d 725 (Kan. Ct. App. 1978). · cites it 9× “However, as of the date of claimant’s accident, there existed an administrative rule that arguably tends to support claimant’s construction of K.S.A. 1974 Supp. 44-511. That rule provided in pertinent part: *376 .”

Gilmore v. Alaska Workers' Comp. Bd., 882 P.2d 922 (Alaska 1994). · cites it 2× “36 (1984); Kan. Stat. Ann. § 44-511 (b) (1993); Ky. Rev.”

Lynch v. U.S.D. No. 480, 850 P.2d 271 (Kan. Ct. App. 1993). · cites it 12× “K.S.A. 1992 Supp. 44-511 provides the statutory basis for determination of a claimant’s average gross weekly wage for workers compensation purposes.”

Show all 55 citing cases →

— K.S.A. § 44-511(2) — 2 cases

Elder v. Arma Mobile Transit Co., 861 P.2d 822 (Kan. 1993). “Claimants point out the language of 44-511(b)(5), adopted in 1974, is identical to the language of the previous statute, except for the use of the term “employed” instead of “actually employed.”

Osmundson v. Sedan Floral, Inc., 697 P.2d 85 (Kan. Ct. App. 1985).

— K.S.A. § 44-511(a) — 2 cases

Fuller v. Farmers Ins., 82 P.3d 526 (Kan. Ct. App. 2004).

Navarrete v. Tyson Fresh Meats (Kan. Ct. App. 2024).

— K.S.A. § 44-511(a)(1) — 3 cases

Slack v. Thies Dev. Corp., 718 P.2d 310 (Kan. Ct. App. 1986).

Jordan v. Pyle, Inc., 101 P.3d 239 (Kan. Ct. App. 2004).

Navarrete v. Tyson Fresh Meats (Kan. Ct. App. 2024).

— K.S.A. § 44-511(a)(2) — 5 cases

Maxwell v. City of Topeka, 611 P.2d 161 (Kan. Ct. App. 1980). “The examiner determined that when the Workmen’s Compensation Act is liberally construed, K.S.A. 1975 Supp. 44-511 in- *8 eludes employer contributions to FICA, KPERS and the monetary equivalent for vacation and sick leave.”

Bohanan v. U.S.D. No. 260, 947 P.2d 440 (Kan. Ct. App. 1997).

Lazarus v. Indus. Comm'n, 947 P.2d 875 (Ariz. Ct. App. 1997).

Fuller v. Farmers Ins., 82 P.3d 526 (Kan. Ct. App. 2004).

Navarrete v. Tyson Fresh Meats (Kan. Ct. App. 2024).

— K.S.A. § 44-511(a)(2)(A) — 2 cases

Romero v. Hornung (Kan. Ct. App. 2024).

Navarrete v. Tyson Fresh Meats (Kan. Ct. App. 2024).

— K.S.A. § 44-511(a)(2)(C) — 1 case

Jordan v. Pyle, Inc., 101 P.3d 239 (Kan. Ct. App. 2004).

— K.S.A. § 44-511(a)(2)(D) — 3 cases

Bohanan v. U.S.D. No. 260, 947 P.2d 440 (Kan. Ct. App. 1997).

Navarrete v. Tyson Fresh Meats (Kan. Ct. App. 2024).

— K.S.A. § 44-511(a)(2)(E) — 1 case

Lawrence Paper Co. v. Gomez, 897 P.2d 134 (Kan. 1995). “” The issue is simply whether the way in which the KWCA, through K.S.A. 44-511 (a)(2)(E), defines an employee’s compensation for purposes of computing disability benefits is preempted by ERISA § 514(a), 29 U.”

— K.S.A. § 44-511(a)(3) — 12 cases

Thompson v. Harold Thompson Trucking, 748 P.2d 430 (Kan. Ct. App. 1987).

Brown v. City of Wichita, 832 P.2d 365 (Kan. Ct. App. 1992).

Ridgway v. Bd. of Ford Cnty. Commissioners, 748 P.2d 891 (Kan. Ct. App. 1987).

— K.S.A. § 44-511(a)(4) — 5 cases

In Re the Appeal of Dir. of Prop. Valuation, 161 P.3d 755 (Kan. 2007).

McMechan v. Everly Roofing, Heating & Air Conditioning, Inc., 656 P.2d 797 (Kan. Ct. App. 1983).

Nistler v. Footlocker Retail, Inc., 196 P.3d 395 (Kan. Ct. App. 2008).

Guebara v. Green-Glo Turf Maint., Inc., 819 P.2d 135 (Kan. Ct. App. 1991).

Saffer v. Blackstone Drilling, Inc., 696 P.2d 405 (Kan. Ct. App. 1985).

— K.S.A. § 44-511(a)(5) — 6 cases

Wilson v. Moridge Mfg., Inc., 579 P.2d 725 (Kan. Ct. App. 1978). “However, as of the date of claimant’s accident, there existed an administrative rule that arguably tends to support claimant’s construction of K.S.A. 1974 Supp. 44-511. That rule provided in pertinent part: *376 .”

Nistler v. Footlocker Retail, Inc., 196 P.3d 395 (Kan. Ct. App. 2008).

Slack v. Thies Dev. Corp., 718 P.2d 310 (Kan. Ct. App. 1986).

Guebara v. Green-Glo Turf Maint., Inc., 819 P.2d 135 (Kan. Ct. App. 1991).

Beck v. MCI Bus. Servs., Inc., 83 P.3d 800 (Kan. Ct. App. 2003).

— K.S.A. § 44-511(a)(l) — 2 cases

Jordan v. Pyle, Inc., 101 P.3d 239 (Kan. Ct. App. 2004).

Fuller v. Farmers Ins., 82 P.3d 526 (Kan. Ct. App. 2004).

— K.S.A. § 44-511(b) — 6 cases

Gilmore v. Alaska Workers' Comp. Bd., 882 P.2d 922 (Alaska 1994). “36 (1984); Kan. Stat. Ann. § 44-511 (b) (1993); Ky. Rev.”

Nistler v. Footlocker Retail, Inc., 196 P.3d 395 (Kan. Ct. App. 2008).

Morris v. Shilling Constr. Co. (Kan. Ct. App. 2021).

Fuller v. Farmers Ins., 82 P.3d 526 (Kan. Ct. App. 2004).

— K.S.A. § 44-511(b)(1) — 2 cases

Morris v. Shilling Constr. Co. (Kan. Ct. App. 2021).

Navarrete v. Tyson Fresh Meats (Kan. Ct. App. 2024).

— K.S.A. § 44-511(b)(2) — 1 case

Morris v. Shilling Constr. Co. (Kan. Ct. App. 2021).

— K.S.A. § 44-511(b)(3) — 2 cases

Morris v. Shilling Constr. Co. (Kan. Ct. App. 2021).

Justyna v. Logan Constr. Co., 696 P.2d 977 (Kan. Ct. App. 1985).

— K.S.A. § 44-511(b)(4) — 7 cases

Nistler v. Footlocker Retail, Inc., 196 P.3d 395 (Kan. Ct. App. 2008).

McMechan v. Everly Roofing, Heating & Air Conditioning, Inc., 656 P.2d 797 (Kan. Ct. App. 1983).

Slack v. Thies Dev. Corp., 718 P.2d 310 (Kan. Ct. App. 1986).

Navarrete v. Tyson Fresh Meats (Kan. Ct. App. 2024).

Justyna v. Logan Constr. Co., 696 P.2d 977 (Kan. Ct. App. 1985).

— K.S.A. § 44-511(b)(4)(A) — 1 case

Kinder v. Murray & Sons Constr. Co., 957 P.2d 488 (Kan. 1998). ““However, during a general overhaul of the Kansas workers compensation system in 1974, K.S.A. 44-511 was amended to include, among other things, the current language of K.”

— K.S.A. § 44-511(b)(4)(B) — 3 cases

Tovar v. IBP, Inc., 817 P.2d 212 (Kan. Ct. App. 1991).

Hernandez v. Monfort, Inc., 41 P.3d 886 (Kan. Ct. App. 2002).

Beck v. MCI Bus. Servs., Inc., 83 P.3d 800 (Kan. Ct. App. 2003).

— K.S.A. § 44-511(b)(5) — 8 cases

Lynch v. U.S.D. No. 480, 850 P.2d 271 (Kan. Ct. App. 1993). “K.S.A. 1992 Supp. 44-511 provides the statutory basis for determination of a claimant’s average gross weekly wage for workers compensation purposes.”

Osmundson v. Sedan Floral, Inc., 697 P.2d 85 (Kan. Ct. App. 1985).

Thompson v. Harold Thompson Trucking, 748 P.2d 430 (Kan. Ct. App. 1987).

— K.S.A. § 44-511(b)(6) — 1 case

Gamblian v. City of Parsons, 931 P.2d 1238 (Kan. 1997).

— K.S.A. § 44-511(b)(6)(B) — 1 case

Gamblian v. City of Parsons, 931 P.2d 1238 (Kan. 1997).

— K.S.A. § 44-511(b)(7) — 2 cases

Wade v. Union Nat'l Bank, 707 P.2d 1087 (Kan. Ct. App. 1985). “K.S.A. 44-511 was amended in 1974 (L. 1974, ch.”

— K.S.A. § 44-511(b)(8) — 1 case

Fuller v. Farmers Ins., 82 P.3d 526 (Kan. Ct. App. 2004).

— K.S.A. § 44-511(b)(l) — 2 cases

Fuller v. Farmers Ins., 82 P.3d 526 (Kan. Ct. App. 2004).

— K.S.A. § 44-511(h)(4) — 1 case

McMechan v. Everly Roofing, Heating & Air Conditioning, Inc., 656 P.2d 797 (Kan. Ct. App. 1983).

— K.S.A. § 44-511(o)(5) — 1 case

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