Workers' Compensation Laws by State

By FindLaw Staff | Legally reviewed by Katrina Wilson, Esq. | Last reviewed March 28, 2024

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	Alabama Department of Labor	Alabama Code § 25-5-1 et seq.	Most employees are covered	Domestic servants Farm laborers Casual employees Employees of businesses with fewer than five people Licensed real estate brokers Product demonstrators
Alaska	Department of Labor & Workforce Development	Alaska Statutes § 23.30.005 et seq.	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	Part-time babysitters Domestic servants Harvest and similar transient help Contract entertainers Statutorily-defined taxicab drivers Statutorily defined commercial fishermen
Arizona	Industrial Commission of 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	Casual employees or not in the usual course of a trade Independent contractors
Arkansas	Arkansas Workers' Compensation Commission	Arkansas Code Annotated § 11-9-101 et seq.	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	Agricultural farm laborers State employees Casual employees Inmates
California	Division of Workers' Compensation	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	Domestic employees employed by their parent, spouse, or child Deputy sheriffs or deputy clerks People performing services in return for aid or sustenance only People officiating amateur sporting events (including intercollegiate or interscholastic sports events) Any person performing voluntary services at or for a nonprofit recreational camp or as a ski patroller
Colorado	Department of Labor and Employment	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	Inmates Volunteers Drivers under a lease agreement with a common carrier or contract carrier
Connecticut	Workers' Compensation Commission	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	Sole proprietor or business partners Independent contractors Casual employees
Delaware	Department of Labor Office of Workers' Compensation	Delaware Code Annotated Title 19 § 2301-2397 et seq.	Every person in service of any corporation, association, firm, or person under any contract of hire or performing services for a valuable consideration	A spouse and minor children of a farm employer if they are not named in an endorsement to the farm employer's contract of insurance Casual employees Any person to whom articles or materials are furnished, repaired, or adapted for sale in the employee's own home or on the premises not under the control or management of the employer
District of Columbia	DC Office of Workers' Compensation	District of Columbia Code Annotated § 32-1501 et seq.	Every person, including a minor, in the service of another under any contract of hire or apprenticeship, written or implied	An employee whose employer is an uninsured sub-contractor can assert a claim against the general contractor
Florida	Division of Workers' Compensation	Chapter 440, Florida Statutes, 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	Independent contractor (excluding the construction industry) Licensed real estate brokers Bands, orchestras, and musical and theatrical performers, including disc jockeys Causal employees Volunteers (most) Certain taxicabs, limousines, or other passenger vehicle-for-hire drivers Some sports officials
Georgia	Georgia State Board of Workers' Compensation	Official Code of Georgia Annotated § 34-9-1 et seq.	Employees of a business that employs three or more employees and some unpaid people can be considered employees under limited circumstances	Railroads' common carriers engaged in interstate or intrastate commerce Farm laborers Domestic servants Licensed real estate salespeople or associate brokers Independent contractors
Hawaii	Disability Compensation Division	Hawai`i Revised Statutes, Chapter 386	Any individual in the employment of another person	Some exceptions for primary and secondary contractors
Idaho	Industrial Commission	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	Domestic servants Casual workers Pilots of agricultural spraying or dusting planes Real estate brokers and real estate salespeople Volunteer ski patrollers Officials of athletic contests involving secondary schools
Illinois	Illinois Workers' Compensation Commission	820 Illinois Compiled Statutes Annotated 305/1 et seq.	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	Real estate brokers/salespeople on commission Farmers Jurors
Indiana	Workers' Compensation Board of Indiana	Ind. Code § 22-3-1-1 et seq.	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	Railroad engineers, firemen, conductors, brakemen, flagmen, baggage men Foremen in charge of yard engines Employees of a fire or police department of any municipality who partake in a firefighter's or police officer's pension fund Casual laborers Farm or agricultural employees Household employees
Iowa	Division of Workers' Compensation	Iowa Code § 85.1 et seq.	All employees not specifically excepted are covered	Household employees earning less than $1,500 during 12 months before an injury Casual employees earning less than $1,500 for 12 consecutive months before an injury Agricultural employees where the employee's nonexempt cash payroll is less than $2,500 for the preceding calendar year Relatives of farm employer and employer's spouse Officers of a family farm Some officers of a corporation
Kansas	Kansas Department of Labor	Kansas Statutes Annotated § 44-501 et seq.	Any person who has entered into the employment of or works under any contract of service or apprenticeship with an employer, with some exceptions	Certain agricultural pursuits Realtors who qualify as independent contractors Firefighters who are part of a firefighter's relief association that has waived workers' comp coverage Sole proprietors, LLC members, and partners Some owner-operator vehicle drivers
Kentucky	Kentucky Education and Labor Cabinet	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	Domestic servants, if there are fewer than two regularly employed in a private home for 40 hours or less per week Maintenance, repair, and similar employees employed in a private home if the employer has no other employees subject to Workers' Compensation
Louisiana	Louisiana Workforce Commission	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	Employees of private residential households and private unincorporated farms Musicians and performers under contract
Maine	Workers' Compensation Board	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	Independent contractors People engaged in maritime employment covered under admiralty law Certain agricultural employees
Maryland	Workers' Compensation Commission	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	Independent contractors Various other people employed
Massachusetts	Department of Industrial Accidents	Massachusetts General Laws, Chapter 152	Any person in the service of another under any contract of hire, express or implied, oral or written	Masters of and seamen on vessels engaged in interstate or foreign commerce People employed to participate in organized professional athletics Real estate brokers and other salespeople working on commission People employed by an employer engaged in interstate or foreign commerce but only so far as the laws of the United States provide for compensation Casual employment
Michigan	Workers' Disability Compensation Agency	Michigan Compiled Laws Annotated § 418.101-941 et seq.	Any employee in the service of another, under any contract of hire	Exclusions for smaller employers Some agricultural employees, domestic workers, and real estate brokers/agents
Minnesota	Department of Labor and Industry	Minnesota Statutes Annotated Ch. 175A and 176 et seq.	Any person who performs services for another for hire	Farmers or members of their family who exchange work with other farmers in the same community Other various exceptions
Mississippi	Workers' Compensation Commission	Mississippi Code Annotated § 71-3-1 et seq.	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	Independent contractors Other various exceptions
Missouri	Division of Workers' Compensation	Revised Statutes of Missouri § 287.010-975 et seq.	Any person in the service of an employer under a contract of hire, appointment, or election, including officers of corporations	Owner/operators of leased trucks in interstate commerce Farm labor Domestic servants Family chauffeurs and licensed real estate agents Inmates Volunteers of tax-exempt organizations Sports officials Direct sellers
Montana	Employment Standards Division	Montana Code Annotated § 39-71-101 et seq.	Most employed people except for those listed in the statute	Domestic servants Casual employment Dependent member of the employer's family Certain sole proprietors Real estate brokers or salespeople Direct sellers Certain officials at athletic events Freelance photographers and authors Newspaper carriers Cosmetologist or barber services Petroleum land workers Professional jockeys Ordained ministers Officer or manager of a ditch company People working for enrolled tribal members who operate solely within the exterior boundaries of Indian reservations
Nebraska	Workers' Compensation Court	Nebraska Revised Statutes § 48-101 et. seq.	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	Domestic servants Agricultural operations employees Employees of railroad companies engaged in interstate or foreign commerce
Nevada	Department of Business & Industry Industrial Relations	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	Casual employees Theatrical or stager performers Musicians whose services do not last more than two consecutive days Domestic workers Voluntary ski patrol Sports officials paid a nominal fee Any member of the clergy Real estate brokers Direct salespeople working on commission
New Hampshire	Workers' Compensation Division	New Hampshire Revised Statutes Annotated 281-A	Any person in the service of an employer under any express or implied, oral or written, contract of hire	Railroad employees engaged in interstate commerce Direct sellers Real estate brokers, agents, or appraisers People providing services as part of residential placement for individuals with developmental, acquired, or emotional disabilities
New Jersey	Department of Labor and Workforce Development	New Jersey Statutes Annotated § 34:15-1 et seq.	Most employees are covered with some exceptions	Independent contractors Domestic workers A willfully negligent employee Inmates Causal employees
New Mexico	Workers' Compensation Administration	New Mexico Statutes Annotated § 52-1-1 et seq.	Most employees are covered	Farm employees Domestic servants Real estate agents People who file a written waiver with the state of New Mexico
New York	Workers' Compensation Board	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	Domestic employees working less than 40 hours per week Clergymen Employees of municipalities and other political subdivisions who are not engaged in hazardous employment Uniformed sanitation workers, firefighters, and police officers in the employment for the city of New York Babysitters and minors over the age of 14 engaged in casual employment in and about one family Longshoremen and harbor workers Railroad employees Anyone engaged in yard work or household chores or making repairs or painting in and about a one-family owner-occupied residence
North Carolina	Industrial Commission	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	Casual employees and those not in the course of the trade, business, profession, or occupation of their employer
North Dakota	Workforce Safety and Insurance	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	Independent contractors Casual employees Any person who is engaged in an illegal enterprise or occupation Spouse or child under the age of 22 Real estate broker or real estate salesperson Members of the board of directors of a business corporation Newspapers delivery people
Ohio	Bureau of Workers' Compensation	Ohio Revised Code § 4123 et seq.	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	Independent contractors A duly ordained, commissioned, or licensed minister, assistant, or associate minister of a church in the exercise of ministry Any officer of a family farm corporation An officer of a nonprofit corporation who volunteers as an officer
Oklahoma	Workers' Compensation Commission	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	Horticulture employees not employed in using motorized machines Licensed real estate brokers Employees providing services in medical care or social services program Anyone employed by an employer with fewer than five employees all related by blood or marriage Employees of youth sports leagues qualifying as tax-exempt Sole proprietors Volunteers Owner-operators who lease tractor-trailers or trucks for hire Domestic servants in private homes
Oregon	Workers' Compensation Division	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	Inmate or ward of a state institution Casual employees
Pennsylvania	Department of Labor and Industry	Workers' Compensation Act of June 24, 1996, P.L. 350, No. 57	All natural people who perform services for another for a valuable consideration	Casual employees
Rhode Island	Department of Labor & Training	Rhode Island General Laws § 27-7.1-1 et seq.	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	Sworn employees employed by the state of Rhode Island Casual employees Farmers Nursery workers Farm laborers Real estate brokers Salespeople
South Carolina	Workers' Compensation Commission	South Carolina Code Annotated § 42-1-110 et seq.	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	Casual employees
South Dakota	Department of Labor, Licensing, and Regulation	South Dakota Codified Laws Title 62	Every person, including a minor, in the services of another under any contract of employment, express or implied	Volunteers Independent contractors Domestic servants working less than 20 hours in any calendar week and for more than six weeks in any 13 weeks Farm or agricultural laborers
Tennessee	Bureau of Workers' Compensation	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	Some undocumented workers
Texas	Division of Workers' Compensation	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	Independent contractors Federal employees Other excluded people
Utah	Labor Commission	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	Real estate agents or brokers
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	Casual employees People engaged in amateur sports People engaged in farm or agricultural employment for an employer with an aggregate payroll of less than $10,000 per year Members of an employer's family dwelling in the employer's house People engaged in any type of service in or about a private dwelling Sole proprietors or partners/owners of an unincorporated business Real estate brokers or real estate salespeople Certain members of a corporation or LLC Independent contractors Assistant judges Illegally hired minors
Virginia	Workers' Compensation Commission	Code of Virginia Title 65.2	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	People whose employment is not within the usual course of the employer's business
Washington	Department of Labor and Industries	Revised Code of Washington § 51.04.010-51.98.080 et seq.	Employees, and independent contractors, including all officers of the state, state agencies, counties, municipal corporations, other public corporations, or political subdivisions	Certain workers for businesses registered within the registration of contractors or licensed electricians and electrical installations Domestic servants Home gardening and maintenance workers Employees not in the course of the trade, business, or profession of the employer Services performed in return for aid or sustenance Sole proprietors or partners Minor children employed by parents for agricultural activities on the family farm Jockeys Certain officers of a corporation Entertainers for specific performances Newspaper delivery Services performed by an insurance producer Services performed by a booth renter, and certain LLC activities
West Virginia	Offices of the Insurance Commission	West Virginia Code § 23-1-1 et seq.	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	Domestic servants, Employers of five or fewer full-time employees engaged in agricultural service Church workers Casual employees Employees engaged in organized, professional sports activities, including employers of trainers and jockeys engaged in thoroughbred horse racing Volunteer rescue or police Federal employees
Wisconsin	Department of Workforce Development	Wisconsin Statutes § 102.01-.89 et seq.	Most workers and contract workers	Domestic servants Most volunteers
Wyoming	Department of Workforce Services	Wyoming Statutes § 27-14-101 et seq.	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	Casual employees Sole proprietors Officer of a corporation Independent contractors Professional athletes An employee in a private home Federal government employees Elected officials Volunteers Members of LLCs Foster parents Childcare workers who are paid by the Wyoming Dept. of Family Services

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.

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