Workers’ Compensation Laws State-by-State

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Workers’ compensation laws vary by state, and not all workers’ compensation policies are created equal. State statutes establish the benefits and enforce them with different laws and requirements. Some states allow for higher benefits than other states, and some regulations are geared toward a particular industry.

Learn more about worker’s compensation laws state-by-state with Benzinga’s guide.

Table of Contents

Key Points

Workers’ compensation rules and benefits vary by state
Private businesses and state employees are covered under state workers’ comp statutes
Federal employees are covered under the Department of Labor not state statutes
Injured workers can choose their own doctor under both state and federal law
There are deadlines to file for workers’ compensation benefits
Injured workers covered under workers’ comp cannot sue their employer for damages

Workers' Compensation Laws for Federal Employees

While each state has its workers' compensation laws, local workers don't realize that there is a federal workers' comp plan. This plan, operated by the Department of Labor and run by the Office of Workers’ Compensation Programs, offers compensation for civilian employees who work for agencies within the federal government.

It is vital to be aware of the variance between federal and state workers' compensation claims if injured at work. You may also want to know what benefits your case might qualify for.

Federal Workers' Compensation is the Department of Labor's Workers' Compensation Program for employees of the federal government who have suffered injuries and illnesses on the job. Employees are also guaranteed certain rights after their recovery under the law.

For example, for benefits and privileges based on length of service, employees are treated like they never left work upon their return to work. Workers' compensation laws for federal government employees may vary from state laws.

The only difference in eligibility between a federal and state workers' compensation claim is you must be a civilian worker in the federal government to be eligible for benefits from the Office of Workers’ Compensation Programs, and you must also have an employment-related injury or illness. If you are not an employee of the federal government, you apply for workers’ compensation benefits through your employer.

Injured employees can receive compensation from the federal and state governments for medical expenses, hospitalizations and surgeries.

These benefits include:

Choice of doctor: Injured persons can choose their doctor or clinic according to state and federal law. However, after treatment, any new attending physician must be approved by the OWCP.
Temporary total disabilities: An employee can request a continuation in regular salary under the OWCP. The disability must not last more than 45 days. If their disability is more than 45 days, they will be paid at a lower rate. Employees with permanent disabilities can receive a cash settlement through federal workers' comp claims. However, the calculation considers the nature and extent of the disability and loss in earning power, as well as any injuries to bodily organs.
Sovereign immunity: The federal government and associated agencies are exempted from public employer liability. State workers’ compensation claims are not exempted. This excludes acts of violence or negligence that caused the injury. Federal workers are not allowed to sue the government, but state workers can. Federal employees may file a lawsuit against a third party even though they are not directly employed by it.

Filing Workers' Compensation Claims

Nearly all states require affected workers to report any occupational illness or injury to their employer to receive workers' compensation benefits. However, there are different deadlines for reporting a work-related injury or illness to an employer in each state. The usual deadline is 30 days, but it can vary between a few days to a full year.

When an injured worker files a claim, the insurance company takes on paying benefits per the state statute in exchange for premium payment made by the employer.

Employees need to inform their employer about their injury as soon as possible. If not turned in by the state-mandated deadline for filing for benefits, the employer and its insurance company will be less likely to accept a claim. Therefore, the sooner one files a claim, the sooner one will collect benefits.

If a worker's injury is serious, they should seek immediate medical attention. They can visit the nearest urgent care or emergency room for emergency treatment. Injured workers will need to comply with the state rules for medical treatment.

Employers provide the necessary forms once a worker has reported an injury. These forms will be submitted to the state workers' compensation agency and the employer's insurance company. This will mark the official beginning of a workers' comp claim in some states. If a worker is denied benefits and wishes to appeal, they will need the official paperwork filed with the state workers' compensation agency.

In North Dakota, Ohio, Washington and Wyoming, injured workers must file a workers' comp claim with the state workers’ compensation agency. The deadline varies from one state to the next. The deadline for filing a claim can often be 1 year. However, in some states, the time frame could be much shorter.

Each state's workers’ compensation agency can provide detailed information, forms and assistance. If an employer is unwilling to cooperate in filing a claim, injured workers can contact their state's workers' compensation office.

Federal employees have a different workers' compensation system. The Division of Federal Employees' Compensation website has information and forms for filing.

Before approving or denying your claim, the insurance company will investigate. The insurer will usually inform the employee within two to four weeks what its decision was. A claim will be automatically approved in certain states if it is not denied before the deadline.

State	State Workers' Comp Division	Workers' Compensation Statute	Covered Employees	Persons 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 business with less than five people Licensed real estate brokers Product demonstrators
Alaska	Department of Labor & Workforce Development	AS §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.	Part-time babysitters Domestic servants Harvest and similar transient help Contract entertainers Statutorily-defined taxi cab 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 employer 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.	Agricultural farm laborers State employees Casual employees Inmates
California	Department of Industrial Relations	California Labor Code Division 3, section 2700 through Division 4.7, section 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 his or her parent, spouse or child Deputy sheriffs or deputy clerks Persons performing services in return for aid or sustenance only Persons officiating amateur sporting events, including intercollegiate or interscholastic sports events Any person performing voluntary services at or for a non-profit 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 persons, firm, or private corporation, under any contract of hire, express or implied, including aliens and also including minors, whether lawfully or unlawfully employed.	Inmates VolunteersDrivers under a lease agreement with a common carrier or contract carrier
Connecticut	Workers' Compensation Commission	Connecticut General Statutes Sections 31-275 through 31-355a, 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	Delaware Code Annotated Title 19, §§ 2301-2397	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 or repaired, or adopted for sale in the employee's own home, or on the premises not under the control or management of the employer
District of Columbia	Department of Employment Services	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	Department of Financial Services	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.	Independent contractor (excluding the construction industry) Licensed real estate brokers Bands, orchestras, and musical and theatrical performers, including disc jockeys Casual employees Volunteers Certain taxicab, limousine, 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 employ three or more employees and some unpaid persons can be considered employees under limited circumstances.	Rail common carriers engaged in interstate or intrastate commerce Farm laborers Domestic servants Licensed real estate salespeople or associate brokers Independent contractors
Hawaii	Department of Labor and Industrial Relations	Hawaii 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 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 salesmen 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 under the service of another or under 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 or police officer pension fund Casual laborers Farm or agricultural employees Household employees
Iowa	Iowa Workforce Development	Iowa Code §85.1 et seq.	All employees not specifically excepted are covered.	Household employees earning less than $1,500 during 12 months prior to an injury Casual employees earning less than $1,500 for 12 consecutive months prior to an injury Agricultural employees where the employer'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	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.	N/A
Kentucky	Kentucky Labor Cabinet	Kentucky Revised Statutes § 342.0011 et seq.; 803 Kentucky AdministrativeRegulations. 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	Domestic servants, if there are less than 2 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' comp
Louisiana	Louisiana Workforce Commission	Louisiana Revised Statutes Annotated §23:1021 et seq.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.	Employees of private residential household and private unincorporated farms Musicians and performers under contract
Maine	Workers' Compensation Board	Maine RevisedStatutes 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, expressed or implied, oral or written.	Independent contractors Persons engaged in maritime employment covered under admiralty law Certain agricultural employees
Maryland	Workers' Compensation Commission	Maryland Code Ann., Lab & Empl. §9-101 (2014) et seq.; Code of Maryland Regulations(COMAR) 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 persons employed
Massachusetts	Executive Office of Labor and Workforce Development	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 Persons employed to participate in organized professional athletics Real estate brokers and other salespeople working on commission only Persons employed by an employer engaged in interstate or foreign commerce but only so far as the laws of the United States provide for compensation
Michigan	Department of Licensing and Regulatory Affairs	Michigan Compiled Laws Annotated 418.101-941	Any employee in the service of another, under any contract of hire.	Exclusions for smaller employers Some agricultural employees and domestic workers and real estate brokers or 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	Section 71-3-1 et. seq., MISS. CODE ANN	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	Department of Labor and Industrial Relations	Chapter 287 R.S.Mo. 2005	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 agentsInmatesVolunteers of tax exempt organizations Sports officials Direct sellers
Montana	Department of Labor and Industry	Mont. Code Ann. § 39-71-101, et.seq	Most employed persons 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 salesmen Direct sellers Certain officials at athletic events Freelance photographers and authors Newspaper carriers Cosmetologist or barber services Petroleum land workers Professionals jockeys Ordained ministers Officer or manager of a ditch company Persons 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 servantsAgricultural operations employees Employees of railroad companies engaged in interstate or foreign commerce
Nevada	Department of Business & Industry	Nev. Rev. Stat. Chapters 616A-616D, Nev. Rev. Stat. 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 salespersons 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 employee 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 An employee who is willfully negligent Inmates Casual employees
New Mexico	Workers' Compensation Administration	New Mexico Workers' Compensation Act, New Mexico Statutes Annotated §§52-1-1, etseq	Most employees are covered.	Farm employees Domestic servants Real estate agents Persons who file a written waiver with the State of New Mexico
New York State	Workers' Compensation Board	Workers' Compensation Law of the State of New York	Most employees in the State of New York	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 of the City of New York Babysitters and minors over the age of 14 engaged in casual employment Longshoremen and harbor workers Railroad employees Anyone engaged in yard work or household chores or making repairs or painting in and about a single family, owner-occupied residence
North Carolina	Industrial Commission	N.C. Gen. Stat. §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.	Casual employees and those not in the course of the trade, business, profession or occupation of his or her 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, of the employer Real estate broker or real estate salesperson Members of the board of directors of a business corporation Newspapers delivery persons
Ohio	Bureau of Workers' Compensation	Ohio Revised Code §4121.01 et. seq.Ohio Administrative Code §4121-01 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	Workers' Compensation Court	Okla. Stat. tit. 85, §§ 301-413	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 brokersEmployees providing services in medical care or social services program Anyone employed by an employer with less 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 home
Oregon	Workers' Compensation Division	Workers’ Compensation Law. Or. Rev. Stat. § 656.001	Any person, including a minor, whether lawfully or unlawfully employed, who 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	Bureau of Workers' Compensation	Worker's Compensation Act of June 24, 1996, P.L. 350, No. 57	All natural persons who perform services for another for a valuable consideration.	Casual employees
Rhode Island	Department of Labor & Training	R.I. Gen. 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 Salespersons
South Carolina	Workers' Compensation Commission	S.C. Code Ann. § 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 and Regulation	SDCL 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 6 weeks in any 13 week period Farm or agricultural laborers
Tennessee	Department of Labor and Workforce Development	T.C.A. § 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	Department of Insurance	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 business and persons who are trainees under the Texans Work program.	Independent contractors Federal employees Other excluded persons
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	Persons who are employed and work under a contract of service or apprenticeship with an employer.	Casual employees Persons engaged in amateur sports Persons 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 Persons engaged in any type of service in or about a private dwelling Sole proprietors or partners/owners of an unincorporated business Real estate broker or real estate salespersons Certain members of a corporation or LLC Independent contractors Assistant judges Illegally hired minors
Virginia	Workers' Compensation Commission	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.	Persons whose employment is not within the usual course of the employer's business
Washington	Department of Labor and Industries	RCW 51.04.010 to 51.98.080	Employees, and independent contractors, the essence of whose contract is his or her personal labor including all officers of the state, state agencies, counties, municipal corporations, or 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	W. Va. 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.	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	Wis. Stat. §102.01-.89 (2011)	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 Department of Family Services

Understand Workers’ Comp Insurance

Filing a workers' compensation claim is the first step in seeking benefits after an injury at work. Each state has different rules and procedures for filing a claim, and it is essential to understand each state’s requirements.

Federal employees are covered under the Department of Labor, but all others are covered under the state statutes where they work. Learn more about workers’ compensation and insurance at Benzinga.

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What is Workers' Compensation?

Workers' compensation insurance covers workers who are hurt or become ill while at work. It also provides wage and medical benefits.

Each state mandates coverage and the state's wage and medical benefits are different. It is based on a social agreement between management and labor. In exchange for workers' compensation insurance coverage, business owners are protected against civil lawsuits from injured workers on the job. Each party has its limitations.

Workers' compensation insurance can be purchased by businesses and underwritten by insurance companies. Publicly supported state funds may also provide benefits in some states.

Frequently Asked Questions

If my employer is in multiple states, which state laws come into play?

You may file for benefits in your home state or the state where you were injured.

Who pays the premium for workers’ compensation insurance?

Employers pay workers’ compensation insurance premiums. Some large employers elect to self-fund their workers’ compensation benefits instead of using an insurance company.

Do I have to file a workers’ comp claim if I get injured at work?

You do not have to file a claim. However, if you do not file within the state-mandated period, your claim can be denied, and you will not receive benefits.

Methodology

Benzinga crafted a specific methodology to rank workers comp insurance. We prioritized carriers based on coverage options, specialized industries, customer service experience and how quickly and easily you're able to get insured including online tool usage. We also included workers comp insurance quote aggregators in lists to make it easy and efficient to compare policy quotes and options. To see a comprehensive breakdown of our methodology, please visit see our Workers' Compensation Insurance Methodology page.

Most Dangerous Industries Per State

The construction industry reports the most injuries and workers' compensation claims in 38 out of 50 states.

Second place goes to the forestry industry, followed by the transportation industry. By law, businesses with more than 1 employee must carry workers' compensation insurance. Workers' compensation insurance protects both your business and employees and creates a safety net for wage replacements and medical benefits.

Use our calculator to determine how much workers' compensation will cost you and your business.

Sources

About Maurice Draine

Maurice Draine is a former insurance agent, broker, underwriter tech, and agent sales support rep with over 15 years of professional writing experience. Maurice helps insurance, financial, and various online and ad agencies, create the words that drive customers to their websites and keeps them there.