My Workers Are 1099 in KS: Do I Need Comp?

If your Kansas workers are paid on a 1099, that label does not decide whether you need workers compensation. Kansas looks past the paperwork and uses the common-law right-of-control test to decide who is really an employee, and a worker you direct like an employee will count as one no matter what the form says. If your 1099 workers are really employees under that test, their wages count toward the state's 20,000 dollar payroll line, and once you are over it they must be covered.

Who this is for: Kansas owners who pay some or all of their workers on a 1099, including contractors, delivery and trucking operators, and shops that use freelancers or day labor.

The short version

A 1099 does not settle it; Kansas uses the common-law right-of-control test to decide employee status.
Kansas does not use the stricter checklist some states use, the ABC test; it weighs control over the work.
Workers who are really employees have their wages counted toward the 20,000 dollar line and must be covered over it.
A genuine licensed real-estate agent paid by sales output under a written contract is treated as excluded, not an employee.
A general contractor can be made to pay for an uninsured subcontractor's injured workers.

The test Kansas actually uses

For workers comp, Kansas follows the common-law right-of-control test set by its courts. The controlling question is whether you have the right to control and direct the work, meaning the details, means, and methods, not just the result. Courts weigh several factors together: your control over how the job is done, the right to hire and fire, who supplies the tools and materials, how the worker is paid, and whether the worker holds out an independent business. A common mistake is to assume Kansas uses the strict three-part ABC test that some states apply. It does not, so someone can be your employee even if you both signed a contractor agreement and send a 1099.

Factor	Points toward employee	Points toward contractor
Control over how the work is done	You direct the methods and steps	They decide how to do it
Tools and materials	You supply them	They bring their own
Right to hire and fire	You control it	They control their own crew
Other clients	They work only for you	They serve many clients
How they are paid	Hourly, like a wage	By the job, with their own invoice

Where the label really matters

Two Kansas points are worth knowing. First, a genuinely independent operator can sit outside your comp. A licensed real-estate agent who works as an independent contractor under a written contract that pays substantially all compensation by sales output rather than hours is treated as excluded, not as an employee. Second, misclassifying real employees as contractors does not shrink your obligations. If the people you call contractors are employees under the control test, their wages count toward the 20,000 dollar line, and once you are over it they must be covered, whatever the 1099 says.

If you hire subcontractors

Using genuine subcontractors is fine, but one Kansas rule protects you only if you handle it right. A general contractor who subcontracts work that is part of its own trade or business can be made to pay comp for an uninsured subcontractor's injured workers, then recover that money from the sub. The safe move is to collect proof of coverage from every sub before work starts, a certificate from the sub's insurer, so an uninsured sub never becomes your claim. A solo sub whose only worker is the owner is not required to carry comp on themselves, which is why many keep a low-payroll policy just to produce that certificate.

A Kansas City trucking example

Illustrative, not a quote. A Kansas City delivery company pays six drivers on a 1099 and treats them as contractors, but it sets their routes, schedules their shifts, and requires company-branded vans. Under the right-of-control test those drivers look like employees, so their pay counts toward the payroll line and they likely must be covered. We help the company sort genuine owner-operators from drivers who are really employees, collect certificates from the true independents, and cover the rest. See our workers comp for trucking businesses page.

Real questions Kansas owners ask

Do I need workers comp for 1099 contractors in Kansas?

It depends on whether they are really employees. Kansas uses the right-of-control test, not the tax form, so a 1099 worker you direct and control counts as an employee whose wages go toward the 20,000 dollar line and who must be covered over it.

Does a 1099 or a signed contract make someone a contractor?

No. Kansas looks at the real relationship, not the paperwork. If you control how, when, and where the work is done, the worker can be an employee for comp even with a 1099 and a signed agreement.

I heard some states use a stricter ABC test. Does Kansas?

No. Kansas follows the common-law right-of-control test for workers comp, not the strict three-part ABC test. It weighs your control over the work, the right to hire and fire, tools, pay, and whether the worker runs an independent business.

Are real-estate agents employees in Kansas?

Usually not. A licensed real-estate agent who works as an independent contractor under a written contract that pays substantially all compensation by sales output rather than hours is treated as excluded, not as an employee.

Am I responsible for an uninsured subcontractor's injured worker?

You can be. A general contractor who subcontracts work that is part of its trade can be made to pay comp for an uninsured sub's injured workers, then recover from the sub, so confirm every sub carries coverage first.

Do solo subcontractors need their own workers comp?

Not always on themselves, but many carry a low-payroll policy anyway so they can give you proof of coverage. Getting that certificate protects you from being stuck with their injury.

How do I tell a real contractor from an employee?

Look at control. A real contractor decides how to do the work, uses their own tools, sets their own hours, serves other clients, and bills by the job. The more you control, the more they look like an employee.

Why Kansas owners choose Morrow

We shop the right market for you. In Kansas you buy workers comp on the open, competitive market from any private insurer licensed in the state, because there is no state fund, and if no carrier will take you the state's assigned risk plan, run by the national rating bureau, is the guaranteed backstop, so we can shop your rate freely and still have a fallback for hard-to-place work.
We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.

Related Kansas guides

Every Kansas business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.

This guide is general information, not legal advice. Kansas rules and penalty amounts can change, so verify current requirements with the Kansas Department of Labor, Division of Workers Compensation or a licensed advisor before you rely on them. Last updated: July 2026.