Who is Covered By Workers Compensation

Workers’ compensation is available to most employees who are injured at work but depending on your state or occupation; you may not be. To learn more about who is covered by workers’ compensation, read below:

1. Are all employees covered by workers’ compensation?

Many, but not all, employees are entitled to workers’ compensation. The Federal Employment Compensation Act (FECA) provides non-military, federal employees with workers compensation. Workers employed by private companies, states, or local governments should contact their tate workers’ compensation board for specifics about coverage.

Some states exempt certain categories of workers, such as agricultural employees, seasonal employees, domestic employees, and independent contractors, from their workers’ compensation systems. Other states require coverage only if an employer employs a minimum number of employees. To determine whether you are entitled to workers’ compensation benefits, you should contact an experienced workers’ compensation attorney in your area.

Keep in mind that if you are not covered by workers’ compensation, you may be able to bring a civil claim against your employer or a third party.

2. I am an independent contractor that was injured on a work site. Can I receive workers’ compensation benefits?

Maybe. Some states exempt independent contractors from workers’ compensation. You should contact an experienced workers’ compensation attorney in your area to determine whether you can receive workers’ compensation in your state.

3. I work for a small company. Am I entitled to workers compensation in my state?

Maybe. Each state has a different requirement for which employers must offer workers compensation. Below you will find the minimum state requirements for employers to provide worker compensation.

Alabama5 or more employees
Alaska1 or more employees
Arizona1 or more employees
Arkansas3 or more employees
California1 or more employees
Colorado1 or more employees
Connecticut1 or more employees
Delaware1 or more employees
District of Columbia1 or more employees
Florida1 or more employees for construction

6 or more employees for agriculture

Special requirements for sub-contractors

Georgia3 or more employees
Hawaii1 or more employees
Idaho1 or more employees
Illinois1 or more employees
Indiana1 or more employees
IowaMost employers are required to purchase insurance
KansasFor employees with gross payroll over $20,000
Kentucky1 or more employees
Louisiana1 or more employees
Maine1 or more employees. Exemptions for independent contractors.
Maryland1 or more employees
Massachusetts1 or more employee. Domestic service must be covered if they work 16 or more hours per week
Michigan1 or more employees
Minnesota1 or more employees, including non-US citizens and minors
Mississippi5 or more employees
Missouri5 or more employees
Montana1 or more employees
Nebraska1 or more employees
Nevada1 or more employees
New Hampshire1 or more employees, including non-profits
New Jersey1 or more employees. Excluding out of state employees working in the state.
New Mexico3 or more employees.
New York1 or more employees
North Carolina3 or more employees
North Dakota1 or more employees
Ohio1 or more employees
Oklahoma1 or more employees
Oregon1 or more employees
Pennsylvania1 or more employees
Rhode Island4 or more employees
South Carolina4 or more employees
South Dakota1 or more employees
Tennessee1 or more employees
TexasOptional for employers in Texas.

Construction companies on contract with government entities must have coverage.

Utah1 or more employees
Vermont1 or more employees
Virginia2 or more employees
Washington1 or more employees
West Virginia1 or more employees
Wisconsin3 or more employees
Wyoming1 or more employees