Workers' Compensation Laws by State
By FindLaw Staff | Legally reviewed by Katrina Wilson, Esq. | Last reviewed March 28, 2024
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Workers' compensation is a type of insurance coverage. This coverage provides benefits to employees who get hurt or sick because of their jobs. It helps to cover expenses like medical care and part of your lost wages if you need to take time off work.
The workers' compensation system covers most full-time and part-time workers. But rules can differ from state to state, so it's good to check with your local Department of Labor. Some workers, like independent contractors and subcontractors, might not be covered. Others, like sole proprietors, might need to get self-insurance to be covered. Different rules might apply to minors.
This article provides a brief overview of state workers' compensation laws.
Understanding Workers' Compensation Generally
Workers' compensation is a form of insurance. It provides wage replacement and medical benefits to injured workers. Anyone suffering from work-related injuries has certain employee rights. This often means they can request benefits under their employer's workers' compensation insurance. Examples of these benefits include compensation for pain and suffering and long-term care. It also includes compensation for medical expenses and lost wages.
Every state has its own workers' compensation laws. These are contained in statutes and vary somewhat from state to state. There are also special workers' compensation laws for federal government employees. There are also others for workers in specific types of industries. For example, there are specific laws for railroad employees.
Under the law in most states, every business must have some form of workers' compensation insurance to cover injured employees. Filing a workers' compensation claim is similar to filing an insurance claim. It isn't a lawsuit against an employer but rather a request for benefits. An employer may work with an insurance company or use self-insurance to provide workers' compensation coverage. They pay premiums, and the insurance carrier helps with the benefits if there's an injury.
If you're hurt, you must report it to your employer. Include relevant details like the date of injury. You will then be considered the claimant. The claimant will then work with the division of workers' compensation to get the help they need. Sometimes, other help might be needed. This can include social security, vocational rehabilitation, or other state workers' support.
Types of Workers' Compensation Benefits
When an employee's injury happens at work, workers' compensation benefits help pay for their medical care and medical treatment. This can include medical providers, hospital stays, and even care providers for ongoing needs.
If an injury leads to total disability or impairment, benefits may cover part of their average weekly wage. Usually, this is about two-thirds of their regular wage. This helps workers and their family members make ends meet while they heal. Not all cases are simple. Some personal injuries might not qualify. Certain occupational diseases may be treated differently. An exemption might apply, or special rules for things like reimbursement of health care costs might come into play.
Sadly, some injuries can lead to death. When this happens, dependents like spouses or children may receive death benefits to help support them.
Workers' Compensation Laws By State
State |
State Workers' Comp Division |
Workers' Compensation Statute |
Covered Employees |
People Not Covered |
---|---|---|---|---|
Alabama |
Most employees are covered |
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Alaska |
Most employees are covered, including any person employed by the state or its political subdivision or a person employing one or more people in connection with a business or industry carried on in Alaska |
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Arizona |
Arizona Revised Statutes Annotated § 23-901 et seq. | Every person in the service of the state, any political subdivision, or any person in the service of any employee subject to the workers' compensation provisions is considered to be an employee |
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Arkansas |
Any person, including a minor, whether lawfully or unlawfully employed under any contract of hire, written or oral, express or implied, at a company with three or more employees or in the construction industry |
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California |
California Labor Code Division 3, § 2700 through Division 4.7, § 6208 | Every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed |
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Colorado |
Colorado Revised Statutes § 8-40-101 et seq. | Every person in the service of any person, association of people, firm, or private corporation, under any contract of hire, express or implied, including aliens and also including minors, whether lawfully or unlawfully employed |
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Connecticut |
Connecticut General Statutes § 31-275 through § 31-355b et seq. |
Any person who has entered into or works under any contract of service or apprenticeship with an employer |
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Delaware |
Every person in service of any corporation, association, firm, or person under any contract of hire or performing services for a valuable consideration |
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District of Columbia |
Every person, including a minor, in the service of another under any contract of hire or apprenticeship, written or implied |
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Florida |
Every person in the service of any person, association of people, firm, or private corporation, under any contract of hire, express or implied, including aliens and also including minors, whether lawfully or unlawfully employed |
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Georgia |
Employees of a business that employs three or more employees and some unpaid people can be considered employees under limited circumstances |
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Hawaii |
Hawai`i Revised Statutes, Chapter 386 | Any individual in the employment of another person |
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Idaho |
Idaho Code § 72-101 et seq. | Any person who has entered into the employment or who works under a contract of service or apprenticeship with an employer |
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Illinois |
Every person is under the service of another or a contract for hire. Certain businesses are considered extra-hazardous, with all employees covered automatically by law |
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Indiana |
Every person, including minors, contractors, or apprenticeship, written or implied, except one whose employment is both casual and not in the course of trade, business, occupation, or profession of the employer |
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Iowa |
All employees not specifically excepted are covered |
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Kansas |
Any person who has entered into the employment of or works under any contract of service or apprenticeship with an employer, with some exceptions |
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Kentucky |
Kentucky Revised Statutes § 342.0011 et seq. and Chapter 803 Kentucky Administrative Regulations Department of Workers' Claims |
All people, including minors, lawfully or unlawfully employed under any contract of hire; helpers, paid or not if hired with the knowledge of the employer; corporate executive officers; volunteer fire, police, civil defense personnel or trainees and members of the National Guard on active duty; newspaper sellers or distributors |
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Louisiana |
Louisiana Revised Statutes Annotated § 23:1021 et seq. and Louisiana Revised Statutes Annotated § 33:2581 | Most people in an employment setting, including all people in the service of the state, or a political subdivision or of any incorporated public board, or under any appointment or contract of hire |
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Maine |
Maine Revised Statutes Annotated, title 39-A, or 39-A M.R.S.A. § 101 et seq. |
Every person in the service of another under any contract of hire, express or implied, oral or written |
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Maryland |
Maryland Code Ann., Lab & Empl. § 9-101 et seq. and Code of Maryland Regulations Title 14, § 09.01.01 et seq. |
Any regular payroll employee is a covered employee while in the service of an employer |
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Massachusetts |
Any person in the service of another under any contract of hire, express or implied, oral or written |
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Michigan |
Any employee in the service of another, under any contract of hire |
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Minnesota |
Any person who performs services for another for hire |
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Mississippi |
Any person, including a minor, whether lawfully or unlawfully employed in the service of an employer under any contract of hire or apprenticeship, written or oral, express or implied |
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Missouri |
Any person in the service of an employer under a contract of hire, appointment, or election, including officers of corporations |
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Montana |
Most employed people except for those listed in the statute |
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Nebraska |
Employees of the state, every government agency created by it, and every employer in Nebraska, including nonresident employers performing work in the state employing one or more employees in the regular trade, business, profession, or vocation of such employer |
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Nevada |
Nevada Revised Statutes 616A-616D and Nevada Revised Statutes Chapter 617 |
Every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed |
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New Hampshire |
Any person in the service of an employer under any express or implied, oral or written, contract of hire |
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New Jersey |
Most employees are covered with some exceptions |
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New Mexico |
Most employees are covered |
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New York |
Workers' Compensation Law of the State of New York § 1 et seq. |
All employees (full and part-time) are entitled to workers' compensation. There is no waiting period to file a claim either |
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North Carolina |
North Carolina General Statutes § 97 | Any person engaged in employment under any employment or contract of hire or apprenticeship, express or implied, oral or written, including aliens and also minors, whether lawfully or unlawfully employed |
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North Dakota |
North Dakota Century Code Title 65 (Chapters 65-01 through 65-10) | Every person who performs services for another for pay, including all elected and appointed officials of the state and its political subdivisions, the legislative assembly, elective officials of the state's counties, and all elective peace officers of any city and aliens, county general assistance workers, and minors |
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Ohio |
Bureau of Workers' Compensation | Any person in the service of the state, or any county or municipal corporation, and any person in the service of any person, firm, private, or public corporation that employs one or more employees or operatives regularly in the same business or in or about the same establishment under any contract of hire, express or implied, oral or written |
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Oklahoma |
Oklahoma Statutes Title 85A | Any person engaged in the employment of an employer covered by the terms of the Workers' Compensation Code, including members of the Oklahoma National Guard and participants in a sheltered workshop program certified by the U.S. Department of Labor |
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Oregon |
Oregon Revised Statutes § 656.001 | Any person, including a minor, whether lawfully or unlawfully employed, works for pay, including salaried, elected, and appointed officials of the state, state agencies, counties, cities, school districts, and other public corporations |
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Pennsylvania |
Workers' Compensation Act of June 24, 1996, P.L. 350, No. 57 | All natural people who perform services for another for a valuable consideration |
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Rhode Island |
Any person who has entered into the employment of or works under the contract of service or apprenticeship with any employer. Any person employed by the state of Rhode Island |
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South Carolina |
Every person engaged in employment under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, including members of the State and National Guard |
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South Dakota |
Every person, including a minor, in the services of another under any contract of employment, express or implied |
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Tennessee |
Tennessee Code Annotated § 50-6-101 et seq. | Every person under a contract of hire or apprenticeship, written or implied, including a paid corporate officer |
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Texas |
Texas Labor Code Annotated § 401.001 et seq. | People in the service of another under a contract of hire, including anyone working in the usual course and scope of the employer's business who is temporarily asked to perform services outside the usual course and scope of the company and people who are trainees under the Texans Work program |
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Utah |
Utah Code Annotated § 34A-2-101 et seq. | Employees include those engaged in government service, any express or implied contract of hire, lessees of mining property, and owners of a partnership or sole proprietorship if an election is made |
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Vermont |
Department of Labor | Vermont Statutes Annotated Title 21 § 601 et seq. | People who are employed and work under a contract of service or apprenticeship with an employer |
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Virginia |
People, including aliens and minors, in the service of another under any contract of hire or apprenticeship, written or implied, whether lawfully or unlawfully employed |
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Washington |
Department of Labor and Industries | Employees, and independent contractors, including all officers of the state, state agencies, counties, municipal corporations, other public corporations, or political subdivisions |
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West Virginia |
Offices of the Insurance Commission | All people in the service of employers and employed by them to carry on the industry, business, service, or work in which they are engaged |
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Wisconsin |
Department of Workforce Development | Most workers and contract workers |
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Wyoming |
Department of Workforce Services | Any person engaged in any extra hazardous employment under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, and includes legally employed minors, aliens authorized to work by the United States DOJ |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Get Help With Your Claim From a Workers' Comp Attorney
Workplace injuries can result in time off work, medical bills, and other complications. But your employer must carry workers' compensation insurance for such events. It can all be quite confusing, particularly if your injuries are severe. If you've suffered an injury on the job and need skilled legal assistance, you'll want to contact an experienced attorney in your area.
Attorneys can help you understand the rules of your state's workers' compensation act. They can explain your eligibility and review your benefits. They can also let you know if you are entitled to disability benefits for your job injuries. Attorneys can also negotiate and appeal to the workers' compensation board if your claim is denied.
Talk to an experienced workers' compensation attorney in your area.
Next Steps
Contact a qualified workers' compensation attorney to make sure your rights are protected.
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