Form (Kansas): the workers' comp owner exemption
Workers’ Compensation Election (OSCAR filing). Who can file it, where to get it, how to file, the fee, when it takes effect, and how often it renews — from Kansas Department of Labor, Division of Workers Compensation.
Form filing snapshot
FormForm — Workers’ Compensation Election (OSCAR filing)
Issuing bodyKansas Department of Labor, Division of Workers Compensation
Filing methodElectronic election through KDOL’s OSCAR system.
FeeNo separate filing fee verified
Common mistakeKansas allows qualifying non-covered employers/owners and 10%+ corporate owner-employees to make coverage elections; the employer’s underlying subjectivity/payroll rules remain separate.
When it takes effectKDOL requires the election to be submitted electronically through OSCAR; the public overview does not publish one universal effective-date formula for every election type.
RenewalNo universal annual renewal interval is published for every OSCAR election type; update or terminate the election under the applicable filing/policy procedure when the coverage choice changes.
Watch out forKDOL requires electronic OSCAR filing but does not publish one universal effective-date or renewal formula for every election type.
Which Kansas owners can use the Form
Sole proprietorAn individual employer or self-employed person is not an employee under the Act unless a valid election is filed. K.S.A. 44-542a allows the owner to elect personal coverage by securing insurance that clearly includes the owner.
LLC memberAn LLC member is not an employee under the Act unless a valid election is in effect. If the member elects in under K.S.A. 44-542a, the insurer or agent files the written election and the election continues while the qualifying insurance remains in force.
PartnerA partner is outside the employee definition unless a valid election is in effect. The partner can elect personal coverage under K.S.A. 44-542a; the business's employee-coverage obligation is analyzed separately.
Corporate officerKDOL states that a corporate employee owning 10% or more of stock may opt out. Corporate officers are otherwise included in the employee definition, and corporate payroll remains relevant to the $20,000 subjectivity test even if an eligible corporate owner elects out.
Employee threshold: A non-agricultural Kansas employer generally becomes subject to the Workers Compensation Act when gross annual payroll exceeds $20,000 in a calendar year. For a sole proprietorship or partnership, wages paid to the owners and their family members are excluded from the gross-payroll computation; a corporate employer's payroll calculation includes corporate employees even when an eligible owner-employee elects out. In construction: The cited KDOL materials do not publish a separate construction employee-count threshold; the same $20,000 gross annual payroll framework applies unless another statutory exception or contracting rule changes the analysis.
Read the full context in the Kansas workers' comp exemption guide, or run the eligibility screener to check your entity type first.
Form (Kansas): frequently asked questions
- Where do I get the Form form in Kansas?
- The Form (Workers’ Compensation Election (OSCAR filing)) is issued by Kansas Department of Labor, Division of Workers Compensation. Electronic election through KDOL’s OSCAR system. Use the official link on this page rather than a third-party copy, which may be out of date.
- Is there a fee to file the Form in Kansas?
- No separate filing fee has been verified for this form.
- How often does the Form exemption renew in Kansas?
- No universal annual renewal interval is published for every OSCAR election type; update or terminate the election under the applicable filing/policy procedure when the coverage choice changes. Watch out: KDOL requires electronic OSCAR filing but does not publish one universal effective-date or renewal formula for every election type.
Where this comes from
The Form entry is anchored to Kansas Department of Labor, Division of Workers Compensation — the state agency that issues and processes the form — not a generalized summary. Source-checked 2026-09-02.