Kansas Statutes Annotated

K.S.A. § 44-542a (2026)

Election by individual employer, partner or self-employed person

✓ current as of May 2026
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44-542a. Election by individual employer, partner or self-employed person. Each individual employer, partner, limited liability company member or self-employed person may elect to bring such employers within the provisions of the workers compensation act, by securing and keeping insured such liability in accordance with clause (1) of subsection (b) of K.S.A. 44-532, and amendments thereto. Such insurance coverage shall clearly indicate the intention of the parties to provide coverage for such employer, partner, limited liability company member or self-employed person. When such election is made, the insurance carrier or its agent shall cause to be filed with the director a written statement of election to accept thereunder so that such employer, partner, limited liability company member or self-employed person is treated as an employee for the purposes of the workers compensation act pursuant to such election. This election shall be effective until such time as such employer, partner, limited liability company member or self-employed person ceases to be insured in accordance with clause (1) of subsection (b) of K.S.A. 44-532, and amendments thereto, whereupon a written statement withdrawing such election shall be filed with the director.

History: L. 1974, ch. 203, § 37; L. 1977, ch. 178, § 1; L. 2002, ch. 122, § 3; July 1.

Notes of Decisions
Cited in 3 cases, 1987–1997 · leading case: Thompson v. Harold Thompson Trucking, 748 P.2d 430 (Kan. Ct. App. 1987).
Thompson v. Harold Thompson Trucking, 748 P.2d 430 (Kan. Ct. App. 1987). · cites it 2× “44-508(b) provides the definitions of “workman,” “employee,” or “worker,” and states: “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 or general…”
Aetna Life & Cas. v. Americas Truckway Sys., Inc., 929 P.2d 807 (Kan. Ct. App. 1997). · cites it 2× “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 or general partners or self-employed persons.”
Miller v. Miller, 768 P.2d 308 (Kan. Ct. App. 1989). · cites it 3× “K.S.A. 44-542a provides that: “[A] self-employed person may elect to bring himself or herself within the provisions of the workmen’s compensation act, by securing and keeping insured such liability in accordance with [K.”
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