Workers' Compensation Laws by State
By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed January 06, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Workers' compensation is a form of insurance providing wage replacement and medical benefits to injured workers. Anyone with work-related injuries that occurred during employment can use their employee rights to sue their employer for negligence, which often means they can request benefits (for example, compensation for pain and suffering, long-term care, and medical expenses) under their employer's workers' compensation insurance.
Every state has its own workers' compensation laws, which are contained in statutes, and vary somewhat from state to state. In addition, there are special workers' compensation laws for employees of the federal government, and still others for workers in specific types of industries such as 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.
The following information provides the basics of workers' compensation laws by state, including which employees are covered and any exceptions. Visit Findlaw's Workers' Compensation section to learn more.
Workers' Compensation Laws By State
State |
State Workers' Comp Division |
Workers' Compensation Statute |
Covered Employees |
Persons Not Covered |
Alabama |
Alabama Code § 25-5-1 et seq. |
Most employees are covered |
|
|
Alaska |
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 persons in connection with a business or industry carried on in Alaska |
|
|
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 |
|
|
Arkansas |
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 |
|
|
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 |
|
|
Colorado |
Colorado Revised Statutes § 8-40-101 et seq. | Every person in the service of any person, association of persons, firm, or private corporation, under any contract of hire, express or implied, including aliens and also including minors, whether lawfully or unlawfully employed |
|
|
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 |
|
|
Delaware |
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 |
|
|
District of Columbia |
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 |
|
|
Florida |
Chapter 440, Florida Statutes, et seq. |
Every person in the service of any person, association of persons, firm, or private corporation, under any contract of hire, express or implied, including aliens and also including minors, whether lawfully or unlawfully employed |
|
|
Georgia |
Official Code of Georgia Annotated § 34-9-1 et seq. |
Employees of a business that employs three or more employees and some unpaid persons can be considered employees under limited circumstances |
|
|
Hawaii |
Hawai`i Revised Statutes, Chapter 386 | Any individual in the employment of another person |
|
|
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 |
|
|
Illinois |
820 Illinois Compiled Statutes Annotated 305/1 et seq. |
Every person is under the service of another or under a contract for hire. Certain businesses are considered "extra-hazardous" with all employees covered automatically by law |
|
|
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 |
|
|
Iowa |
Iowa Code § 85.1 et seq. |
All employees not specifically excepted are covered |
|
|
Kansas |
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 |
N/A |
|
Kentucky |
Kentucky Revised Statutes § 342.0011 et seq. and Chapter 803 Kentucky Administrative Regulations § 25:009 et seq. |
All persons, 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 |
|
|
Louisiana |
Louisiana Revised Statutes Annotated § 23:1021 et seq. and Louisiana Revised Statutes Annotated § 33:2581 | Most persons in an employment setting including all persons in the service of the state, or a political subdivision or of any incorporated public board, or under any appointment or contract of hire |
|
|
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 |
|
|
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 |
|
|
Massachusetts |
Massachusetts General Laws, Chapter 152 |
Any person in the service of another under any contract of hire, express or implied, oral or written |
|
|
Michigan |
Michigan Compiled Laws Annotated § 418.101-941 et seq. |
Any employee in the service of another, under any contract of hire |
|
|
Minnesota |
Minnesota Statutes Annotated Ch. 175A and 176 et seq. |
Any person who performs services for another for hire |
|
|
Mississippi |
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 |
|
|
Missouri |
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 |
|
|
Montana |
Montana Code Annotated § 39-71-101 et seq. |
Most employed persons except for those listed in the statute |
|
|
Nebraska |
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 |
|
|
Nevada |
Nevada Revised Statutes 6A-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 |
|
|
New Hampshire |
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 |
|
|
New Jersey |
New Jersey Statutes Annotated § 34:15-1 et seq. |
Most employees are covered with some exceptions |
|
|
New Mexico |
New Mexico Workers' Compensation Act, New Mexico Statutes Annotated § 52-1-1 et seq. |
Most employees are covered |
|
|
New York State |
Workers' Compensation Law of the State of New York |
All employees (full and part-time) are entitled to workers' compensation. There is no waiting period to file a claim either |
|
|
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 including minors, whether lawfully or unlawfully employed |
|
|
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 |
|
|
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 |
N/A |
Oklahoma |
Oklahoma Statutes Title 85 § 301-413 et seq. | 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 |
|
|
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 |
|
|
Pennsylvania |
Workers' Compensation Act of June 24, 1996, P.L. 350, No. 57 | All natural persons who perform services for another for a valuable consideration |
|
|
Rhode Island |
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 |
|
|
South Carolina |
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 |
|
|
South Dakota |
South Dakota Codified Laws Title 62 |
Every person, including a minor, in the services of another under any contract of employment, express or implied |
|
|
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 |
|
|
Texas |
Texas Labor Code Annotated § 401.001 et seq. | Persons 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 persons who are trainees under the Texans Work program |
|
|
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 |
|
|
Vermont |
Department of Labor | Vermont Statutes Annotated Title 21 § 601 et seq. | Persons who are employed and work under a contract of service or apprenticeship with an employer |
|
Virginia |
Virginia Workers' Compensation Act, Title 65.2 Code of Virginia 1950 |
Persons, including aliens and minors, in the service of another under any contract of hire or apprenticeship, written or implied, whether lawfully or unlawfully employed |
|
|
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 |
|
West Virginia |
Offices of the Insurance Commission | West Virginia Code § 23-1-1 et seq. |
All persons in the service of employers and employed by them for the purpose of carrying on the industry, business, service, or work in which they are engaged |
|
Wisconsin |
Department of Workforce Development | Wisconsin Statutes § 102.01-.89 et seq. |
Most workers and contract workers. |
|
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 |
|
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 are in need of skilled legal assistance, you'll want to contact an experienced workers' comp attorney in your area.
Was this helpful?
Next Steps
Contact a qualified workers' compensation attorney to make sure your rights are protected.