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:
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.
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.
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 |