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Your Rights 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.

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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.
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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

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