Legal Question in Workers Comp in Kansas

Re: workman comp

The only time multiple employers have liability is when 1) the jobs involve the same or very similar type of work 2) the injury did not clearly arise out of and in the course of employment with any particular employer.

The applicable Kansas law is as follows:

K.S.A. 44-503a. Multiple employment; apportionment of liability. Whenever an employee is engaged in multiple employment, in which such employee performs the same or a very similar type of work on a part-time basis for each of two (2) or more employers, and such employee sustains an injury by accident which arose out of and in the course of the multiple employment with all such employers, and which did not clearly arise out of and in the course of employment with any particular employer, all such employers shall be liable to pay a proportionate amount of the compensation payable under the workmen's compensation act as follows: Each such employer shall be liable for such proportion of the total amount of compensation which is required to be paid by all such employers, as the average gross weekly wages paid to the employee by such employer, bears to the total average gross weekly wages paid to the employee by all such employers, determined as provided in subsection (b) (7) of K.S.A. 44-511, as amended.