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?
  2. I am an independent contractor that was injured on a work site. Can I receive workers’ compensation benefits?
  3. I work for a small company. Am I entitled to workers’ compensation in my state?

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 state 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.

 back to top

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.
 back to top 

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. 

Alabama

5 or more employees

Alaska

1 or more employees

Arizona

1 or more employees

Arkansas

3 or more employees

California

1 or more employees

Colorado

1 or more employees

Connecticut

1 or more employees

Delaware

1 or more employees

District of Columbia

1 or more employees

Florida

1 or more employees for construction

6 or more employees for agriculture

Special requirements for sub-contractors

Georgia

3 or more employees

Hawaii

1 or more employees

Idaho

1 or more employees

Illinois

1 or more employees

Indiana

1 or more employees

Iowa

Most employers are required to purchase insurance

Kansas

For employees with gross payroll over $20,000

Kentucky

1 or more employees

Louisiana

1 or more employees

Maine

1 or more employees. Exemptions for independent contractors.

Maryland

1 or more employees

Massachusetts

1 or more employee. Domestic service must be covered if they work 16 or more hours per week

Michigan

1 or more employees

Minnesota

1 or more employees, including non-US citizens and minors

Mississippi

5 or more employees

Missouri

5 or more employees

Montana

1 or more employees

Nebraska

1 or more employees

Nevada

1 or more employees

New Hampshire

1 or more employees, including non-profits

New Jersey

1 or more employees. Excluding out of state employees working in the state.

New Mexico

3 or more employees.

New York

1 or more employees

North Carolina

3 or more employees

North Dakota

1 or more employees

Ohio

1 or more employees

Oklahoma

1 or more employees

Oregon

1 or more employees

Pennsylvania

1 or more employees

Rhode Island

4 or more employees

South Carolina

4 or more employees

South Dakota

1 or more employees

Tennessee

1 or more employees

Texas

Optional for employers in Texas.

Construction companies on contract with government entities must have coverage.

Utah

1 or more employees

Vermont

1 or more employees

Virginia

2 or more employees

Washington

1 or more employees

West Virginia

1 or more employees

Wisconsin

3 or more employees

Wyoming

1 or more employees

 back to top

 

Contact Us


Clark Law Group, PLLC
Washington, DC
1100 Connecticut Ave, NW
Suite 920
Washington, DC 20036
Phone: (202) 293-0015
Fax: (202) 293-0115
Toll Free: 855-202-0011

Clark Law Group, PLLC
Chicago, IL
150 N. Wacker Drive
Suite 1925
Chicago, IL 60606
Phone: (312) 574-3420
Toll Free: 855-769-7500

Clark Weekly

Topic of the Week

Military Leave

As a member of the United States Uniformed Services, you are entitled to special workplace protections under federal law. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) seeks to ensure that those who serve their country can

Read more...

Blog of the Week

Trade war drives up unemployment in key 2020 battleground states

Unemployment remains low nationwide, but it’s starting to tick up in a some key places—places dependent on the industries hit hard by Donald Trump’s trade war, and places that just happen to be in battleground states.

Thought for the Week

"This year, we celebrate the 25th anniversary of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a fundamental support to our all-volunteer force. With roots dating back to World War II, USERRA became law on Oct. 13, 1994, and has helped to build a more robust reserve component, enabling the world’s strongest military to be economically efficient and deeply woven into the fabric of American community life. USERRA strengthened and formalized economic protections that enable all service members’ careers to progress, without pause, while serving our nation."

–Jonathan VanderPlas; Military Times

List of the Week

from DOL: Veterans' Employment & Training Service

Employment Situation of Veterans

  • The jobless rate for all veterans fell to an 18-year low of 3.5% in 2018, from its peak at 9.9% in 2011
  • The unemployment rate for women veterans fell to 3.0 percent in 2018
  • October 2019, the veteran unemployment rate remained at 3.2 percent, the same rate as last month

Top Five News Headlines

  1. Black Facebook Workers Write Open Letter to Company: We Are Treated Every Day 'as If We Do Not Belong Here'
  2. LinkedIn CEO Wants to Curb Sexual Harassment Hidden in Private Messages
  3. EEOC sues Sprint retailer over alleged sexual assault in Sacramento
  4. Marciano Art Foundation is accused of unfair labor practices
  5. Union Decries VA Response to Lynched Doll Found in Staff Area of Louisiana Facility