2019-01-29 08:22:03 HR Laws and Regulation English QuickBooks breaks down what business owners need to know about workers' compensation state by state. https://quickbooks.intuit.com/r/us_qrc/uploads/2019/01/Workers__Compensation-_State_by_State_featured.jpg https://quickbooks.intuit.com/r/hr-laws-and-regulation/workers-compensation-laws-by-state-rules-coverage-benefits/ Workers Compensation Laws by State: Rules, Coverage & Benefits

Workers Compensation Laws by State: Rules, Coverage & Benefits

46 min read

Workers’ compensation is a benefit to your employees that pays for injuries and certain injury-related expenses.

A recent QuickBooks Workers’ Compensation Primer provided a general overview of workers’ compensation; however, Workers’ Compensation specifics are determined by state law and vary from state to state.

This article examines state-specific employer obligations, employee benefits, and government resources to assist you with state-specific workers’ compensation details.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Alabama

Businesses Required to Carry Coverage

All employers with more than four employees are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Employers who regularly employ less than five employees
  • Employers of farm laborers
  • Employers of domestic employees
  • Employers of casual employment
  • Certain government agency employers

Employer Coverage Options

Employers may self-insure or pay insurance premiums for employee coverage.

Employees Covered

All employees are covered, except:

  • Real estate agents
  • Product demonstrators
  • Sports officials

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include disabling personal injuries and occupational disease caused by an accident arising out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Limited wages
  • Limited disability
  • Limited vocational rehabilitation

State Workers’ Compensation Agency

The Alabama Department of Labor, Workers’ Compensation Division, manages workers’ compensation in Alabama.

Alaska

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage, unless exempt.

Employer Coverage Options

Employers may self-insure, pay for insurance coverage, or purchase insurance through the Alaska Assigned Risk Pool

Employees Covered

All employees are covered, except:

  • Part-time babysitters
  • Non-commercial cleaning persons
  • Harvest help and similar part-time/transient help
  • Sports officials for amateur events
  • Contract entertainers
  • Commercial fishers
  • Taxicab drivers under specific contractual arrangements
  • Participants in the Alaska temporary assistance program engaged in certain work activities
  • Professional hockey team players and coaches if covered under a health care insurance plan
  • Real estate licensee under specific contractual arrangements
  • Transportation network company drivers
  • Sole proprietors, partners of partnerships, and members of a limited liability companies
  • Executive officers of municipal, religious, and legally registered nonprofit corporations
  • Executive officers of for profit corporations who waive workers’ compensation

Certain volunteers and students are covered under workers’ compensation:

  • High-school students in work-study programs
  • Volunteer emergency medical technicians
  • Special public safety officers
  • Members of state boards and commissions
  • Volunteer firefighters
  • Civil defense and disaster relief workers
  • Individual members of the Alaska State Defense Force in active duty

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and illnesses which arise out of and occur during the course and scope of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial impairment
  • Permanent total disability
  • Death benefits
  • Reemployment benefits

State Workers’ Compensation Agency

The Alaska Department of Labor and Workforce Development, Division of Workers’ Compensation, manages workers’ compensation in Alaska.

Arizona

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure of obtain insurance from a licensed insurance provider.

Employees Covered

All employees are covered, except:

  • Casual workers whose employment is not in the employer’s usual business
  • Domestic servants who work in the employer’s home
  • Employees who voluntarily reject workers’ compensation insurance

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and illnesses that are job related.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Time lost
  • Temporary compensation
  • Permanent compensation
  • Facial scarring and loss of permanent teeth
  • Rehabilitation and Job retraining

State Workers’ Compensation Agency

The Industrial Commission of Arizona manages workers’ compensation in Arizona.

Arkansas

Businesses Required to Carry Coverage

All employers with three or more employees are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Employers of agricultural farm labor
  • Employers of domestic services in or about a private home
  • Employers of gardening, maintenance, repair, remodeling or similar work in or about a private home or residence of the employer
  • Certain government agency employers
  • Employers where liability for employees’ injury or death are covered by federal law
  • Non-profit religious, charitable or relief organizations
  • Newspaper, magazine, periodical vendors, sellers, and deliverers
  • Real estate agents

Employer Coverage Options

Employers may purchase private insurance or self-insure.

Employees Covered

All employees are covered, except:

  • Agricultural farm laborers
  • Government employees who are criminally convicted or incarcerated
  • Casual employees whose work is not in the employer’s course of trade, business, profession, or occupation
  • Real estate agents
  • Individuals holding certification of non-coverage from the Arkansas Workers’ Compensation Act

Injuries and Illnesses Covered

Workers’ compensation covers all legitimately injured workers who suffer an injury or disease that arises out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Lost wages

State Workers’ Compensation Agency

The Arkansas Workers’ Compensation Commission manages workers’ compensation in Arkansas.

California

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage, unless exempt.

The State of California is the only employer exempt from workers’ compensation requirements.

Employer Coverage Options

Employers may self-insure or pay insurance premiums for employee coverage.

Employees Covered

All employees are covered, except:

  • Employees who are employed by a parent, spouse, or child
  • Employees who perform services solely in exchange for aid or sustenance from a religious, charitable, or relief organization

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include only injuries and illnesses that are demonstrated to arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Partial wage replacement
  • Temporary disability
  • Permanent disability
  • Supplemental job displacement benefits
  • Death benefits

State Workers’ Compensation Agency

The California Department of Industrial Relations, Division of Workers’ Compensation, and the Workers’ Compensation Appeals Board manage workers’ compensation in California.

Colorado

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Employers of casual farm and ranch labor that spend $2,000 or less per year on wages for laborers
  • Employers of domestic workers if the employer has no other employees with workers’ compensation rights
  • Employers of workers who perform casual maintenance, repair, remodeling, yard, lawn, tree, or shrub planting/trimming or similar work at the employer’s place of business or private home, the employer spends $2,000 or less per year for such services, and the employee has no other employees with workers’ compensation rights
  • Railroad common carriers

Employer Coverage Options

Employers may self-insure or obtain an insurance policy.

Employees Covered

All employees are covered, except:

  • Passenger tramway area operator employees
  • Employees participating in a recreational activity and not performing any duties of employment
  • Workers employed by an out-of-state employer who perform incidental work in Colorado but are covered by a different state’s workers’ compensation law
  • Real estate agents and brokers
  • Jail or prison inmates who are working, performing services or participating in training/rehabilitation/work release program (certain inmates may be eligible)
  • Volunteers for a ski area operator
  • Drivers with lease agreement with common carrier or contract carrier
  • Host home service providers as part of residential services and supports
  • Service providers to more than one employer at a race meet

In addition to employees, certain volunteers, public officials, trainees, and student interns are covered by workers’ compensation.

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and illnesses that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Partial wage replacement
  • Permanent impairment benefits

State Workers’ Compensation Agency

The Colorado Department of Labor and Employment, Division of Workers’ Compensation, manages workers’ compensation in Colorado.

Connecticut

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or obtain an insurance policy.

Employees Covered

All employees are covered, except:

  • Casual employees
  • Unpaid family members of the employer who live in the employer’s house
  • Domestic workers who work less than 26 hours weekly
  • Corporate officers who opt out of workers’ compensation coverage
  • Non-connecticut residents who spend less than 50% in Connecticut or primarily perform work outside of Connecticut

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include work-related accidental injuries, occupational diseases, and trauma related to repetitive acts related to employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Permanent total disability
  • Temporary partial disability
  • Permanent partial disability
  • Disfigurement and scarring benefits
  • Right to transfer to suitable work
  • Vocational rehabilitation
  • Recurrence or relapse benefits
  • Wage differential payments
  • Dependent survivorship benefits

State Workers’ Compensation Agency

The Connecticut Workers’ Compensation Commission manages workers’ compensation in Connecticut.

Delaware

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or obtain a Delaware workers’ compensation policy

Employees Covered

All employees are covered, except:

  • Farm workers
  • Household workers in a private home who earn less than $750 in any 3 month period

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include occupational diseases contracted and injuries that occur while working.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability benefits
  • Temporary partial benefits
  • Permanent impairment benefits
  • Disfigurement benefits
  • Death benefits

State Workers’ Compensation Agency

The Delaware Department of Labor, Division of Industrial Affairs, manages workers’ compensation in Delaware.

Florida

Businesses Required to Carry Coverage

All employers with four or more employees are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Homeowners that employ workers to perform construction to the homeowner’s premises if the premises is not intended for immediate sale or lease

Employer Coverage Options

Employers may self-insure, purchase an insurance policy from a commercial insurer, or join an authorized group self-insurance program.

Employees Covered

All employees are covered, except:

  • Real estate agents
  • Bands, orchestras, musical and theatrical performers
  • Motor vehicle owner-operators that transport property
  • Casual employees not in the course of trade, business, profession, or occupation of the employer
  • Certain exercise riders
  • Certain sports officials for interscholastic sports
  • Certain Medicaid-enrolled clients
  • Domestic servants in private homes
  • Certain seasonal agricultural laborers
  • Professional athletes
  • Employees whose work is compelled community service under court order
  • Employees whose work is a result of state or county incarceration

Certain independent contractors (e.g. those outside the construction industry) and volunteers (e.g. non-government entity volunteers) are covered by workers’ compensation

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include accidental compensable injury or death arising out of work performed in the course and scope of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary partial disability
  • Temporary total disability
  • Permanent total disability
  • Impairment income benefits
  • Rehabilitation benefits

State Workers’ Compensation Agency

The Florida Department of Financial Services, Division of Workers’ Compensation, manages workers’ compensation in Florida.

Georgia

Businesses Required to Carry Coverage

All employers with three or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or purchase workers’ compensation coverage

Employees Covered

All employees are covered, except:

  • Real estate agents acting as independent contractors
  • Domestic servants
  • Employees whose work is not in the employer’s usual course of trade, business, occupation, or profession.

Injuries and Illnesses Covered

Injuries and illnesses covered include personal injuries, deaths, and occupational diseases arising out of and occuring in the course of employment with the employer.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability
  • Rehabilitation benefits

State Workers’ Compensation Agency

The Georgia State Board of Workers’ Compensation manages workers’ compensation in Georgia.

Hawaii

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage, unless only employing exempt employees.

Employer Coverage Options

Employers may self-insure or purchase insurance from an authorized carrier.

Employees Covered

All employees are covered, except:

  • Voluntary or unpaid workers for a religious, charitable, education or nonprofit organizations
  • Student workers performing services for a school, university, or college club in exchange for room, board or tuition
  • Duly ordained, commissioned or licensed ministers, priests or rabbi
  • Domestic workers earning less than $225 per calendar quarter
  • Domestic workers of public welfare recipients
  • Certain 25% stockholders
  • Real estate salespersons and brokers paid on a commission basis

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and diseases which result from work or working conditions.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability benefits
  • Permanent partial disability benefits
  • Permanent total disability benefits
  • Disfigurement payments
  • Death benefits
  • Vocational rehabilitation

State Workers’ Compensation Agency

The State of Hawaii, Disability Compensation Division, manages workers’ compensation in Hawaii.

Idaho

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure, obtain private insurance, participate in the Idaho state insurance fund, or join the assigned risk pool.

Employees Covered

All employees are covered, except:

  • Household domestic service workers
  • Casual employees, whose work occurs at irregular time and is not related to the employer’s usually conducted business
  • Outworkers, who are workers who perform work at a location not controlled by the employer
  • Employer’s employed family members who live at the employer’s household
  • Owners of sole proprietorships
  • Working members of partnerships and limited liability companies
  • Corporate officers, owners of 10% or more, board directors
  • Pilots for agricultural spraying and dusting
  • Real estate agents and brokers
  • Volunteer ski patrollers
  • Athletic contest officials (grades 7-12)

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include personal injuries, occupational diseases, deaths resulting from a workplace accident or occupational disease that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Total temporary disability
  • Temporary partial disability
  • Permanent partial impairment
  • Permanent partial disability
  • Permanent total disability
  • Retraining
  • Death benefits

State Workers’ Compensation Agency

The Idaho Industrial Commission manages workers’ compensation in Idaho.

Illinois

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or purchase workers’ compensation coverage from a private insurer.

Employees Covered

All employees are covered, except:

  • Fire department employees (where population exceeds 500,000)
  • Police Department employees (where population exceeds 500,000)

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Total disability
  • Partial disability
  • Amputation or loss of use
  • Disfigurement/scarring
  • Loss of sight
  • Loss of hearing
  • Death benefits

State Workers’ Compensation Agency

The Illinois Workers’ Compensation Commission manages workers’ compensation in Illinois.

Indiana

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage

Employer Coverage Options

Employers may self-insure or obtain coverage through a licensed insurance company.

Employees Covered

All employees are covered, except:

  • Casual employees whose work is not in the employer’s usual course of trade, business, occupation or profession
  • Real estate professionals
  • Railroad employees
  • Farm or agricultural employees
  • Household employees

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries, occupational disease, or death that occur in the course of and arise out of employment.

Employee Benefits

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability
  • Death benefits

State Workers’ Compensation Agency

The Workers’ Compensation Board of Indiana manages workers’ compensation in Indiana.

Iowa

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coveragel.

Employer Coverage Options

Employers may self-insure or purchase an insurance policy.

Employees Covered

All workers that fall under an employer-employee relationship are covered by workers’ compensation, except:

  • Employees working in private dwellings, earning less than $1500 in the 12 month period immediately preceding the injury
  • Employees working in private dwellings who live on their employer’s premises
  • Employees who are related to the employer
  • Certain agricultural workers
  • Casual employees earning less than $1500 in the 12 month period immediately preceding the injury
  • Police officers and firefighters covered by other, similar benefits
  • Company officers that knowingly and voluntarily reject workers’ compensation coverage

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include personal injuries and occupational diseases arising out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary partial and temporary total disability benefits
  • Permanent partial and permanent total disability benefits
  • Healing period benefits
  • Rehabilitation benefits
  • Death benefits

State Workers’ Compensation Agency

The Iowa Division of Workers’ Compensation manages workers’ compensation in Iowa.

Kansas

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Certain agricultural pursuits
  • Firefighters covered by other workers’ compensation programs
  • Certain vehicle owner-operators

Employer Coverage Options

Employers may self-insure or purchase insurance from a private workers’ compensation insurer.

Employees Covered

All employees are covered, except:

  • Sole proprietors or partners to a partnership
  • Corporate officers who own 10% or more in ownership
  • LLC members
  • Certain agricultural employees

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and illnesses that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Permanent total disability
  • Temporary partial disability
  • Permanent partial disability

State Workers’ Compensation Agency

The Kansas Department of Labor, Workers Compensation Division, manages workers’ compensation in Kansas.

Kentucky

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure, obtain coverage through a commercial insurer, or purchase coverage through the Kentucky Employers’ Mutual Insurance fund.

Employees Covered

All employees are covered, except:

  • Sole proprietors, partners of partnerships, LLC members
  • Farm workers
  • Domestic servants in a home with less than two full-time employees
  • Employees protected by federal laws
  • Members of certain religious organizations
  • Residential maintenance workers employed by the homeowner

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include job-related injuries or illnesses.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Lost wages

State Workers’ Compensation Agency

The Kentucky Department of Workers’ Claims manages workers’ compensation in Kentucky.

Louisiana

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may obtain insurance from an authorized insurance company, by entering into an agreement with a group self-insurance fund consisting of five or more Louisiana employers, by entering an agreement with an interlocal risk management agency, using a combination of life, accident, health, property or other insurance policies, or furnish proof that the employer has the financial capacity to pay compensation.

Employees Covered

All employees are covered, except:

  • The president, vice-president, secretary, or treasurer of a corporation who owns 10% or more of the stock in the corporation
  • A partner with respect to a partnership employing the partner
  • A member of a limited liability company who owns at least 10% membership interest
  • Employees who work on the premises of a private household
  • Agricultural employees whose annual earnings are $1,000 or less and net earnings do not exceed $2,500
  • Musicians and performers under a performance contract
  • Employees covered by the Federal Employers’ Liability Act, Longshore and Harbor Workers’ Compensation Act, or Jones Act
  • Railroad employees
  • Real estate brokers or salesmen
  • Landmen and employees under landmen primarily engaged in the negotiations of mineral rights
  • Non-commercial airplane crew members engaged in dusting or spraying operations

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include diseases and accidental injuries arising out of and in the course and scope of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability benefits
  • Permanent total disability benefits
  • Supplemental earnings benefits
  • Permanent partial disability benefits
  • Death benefits

State Workers’ Compensation Agency

The Louisiana Workforce Commission’s Office of Workers’ Compensation manages workers’ compensation in Louisiana.

Maine

Businesses Required to Carry Coverage

All employers with one or more employees must carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure, purchase private workers’ compensation coverage, purchase coverage from the state fund, or participate in the state assigned risk pool.

Employees Covered

All employee are covered, except:

  • Domestic workers
  • Agricultural employees

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include work-related injuries and illnesses that occur in the course of employment

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Wage replacement
  • Total incapacity
  • Partial incapacity

State Workers’ Compensation Agency

The Maine Workers’ Compensation Board manages workers’ compensation in Maine.

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Maryland

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Agricultural employers with less than three full-time employees or a yearly payroll of less than $15,000
  • Sole proprietors

Employer Coverage Options

Employers may self-insure, obtain coverage from a licensed insurance company, or obtain coverage from the Chesapeake Employers Insurance Company.

Employees Covered

All employees are covered, except:

  • Agricultural office workers
  • Tractor trailer owner-operators

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include accidental personal injuries and occupational diseases arising out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Permanent total disability benefits
  • Permanent partial disability benefits
  • Wage reimbursement
  • Vocational rehabilitation
  • Death and funeral benefits

State Workers’ Compensation Agency

The Maryland Workers’ Compensation Commission manages workers’ compensation in Maryland.

Massachusetts

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or obtain insurance coverage.

Employees Covered

All employees are covered, except:

  • Domestic service employees who work less than 16 hours per week
  • Members of a limited liability company, partners of a limited partnership or partnership, sole proprietors
  • Corporate officers who own at least 25% interest in the corporation
  • Seamen engaged in interstate/foreign commerce
  • Real estate agents
  • Consumer goods salesmen (other than retail) who work on commission
  • Non-employee taxi drivers
  • Persons engaged in interstate/foreign commerce covered by federal law for compensation for injury or death

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include work-related injuries and illnesses

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total incapacity
  • Total and permanent incapacity
  • Partial incapacity
  • Disfigurement
  • Death benefits
  • Vocational rehabilitation

State Workers’ Compensation Agency

The Department of Industrial Accidents manages workers’ compensation in Massachusetts.

Michigan

Businesses Required to Carry Coverage

All employers with one or more employees, working thirty-five hours or more per week, for thirteen weeks or longer, during the preceding fifty-two weeks, are required to carry workers’ compensation coverage.

All employers with three or more employees are required to carry workers compensation coverage.

Agricultural employers with three or more employees working thirty-five hours per week for thirteen or more consecutive weeks are required to carry workers’ compensation coverage.

Householders employing domestic servants, any of which work thirty-five hours or more per week, for thirteen weeks or more, during the preceding fifty-two weeks, are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure, purchase insurance coverage, or join a group fund.

Employees Covered

All employees are covered, except:

  • Sole proprietors with no employees
  • A non-manager member of a limited liability company

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include work-related injuries and diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Wage loss benefits
  • Vocational rehabilitation

State Workers’ Compensation Agency

The Michigan Workers’ Compensation Agency manages workers’ compensation in Michigan.

Minnesota

Businesses Required to Carry Coverage

All employers with at least one part-time or full-time employee are required to carry workers’ compensation coverage, unless exempt.

The State government and its municipal subdivisions are exempt from the coverage requirement.

Employer Coverage Options

Employers may self-insure or purchase workers’ compensation insurance coverage.

Employees Covered

All employees are covered, except:

  • Railroad common carrier employees covered by federal compensation laws
  • Employer family members
  • Certain farm employees (executive officers, partners, family members)
  • Executive officers of closely held corporations with at least 25 percent of stock
  • Casual employees whose work is not in the employer’s usual course of trade, business profession, or occupation
  • Household workers who earn less than $1,000 in cash in a three month period
  • Nonprofit employees where the employer pays $1,000 or less in salaries per year
  • Qualifying small business employees
  • Officers and members of veterans’ organizations whose employment is limited to meetings and conventions

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries, occupational diseases and qualifying mental injuries that are causes, aggravated or accelerated by employment activities.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical Expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent total disability
  • Permanent partial disability
  • Vocational rehabilitation

State Workers’ Compensation Agency

The Minnesota Department of Labor and Industry, Workers’ Compensation Division, manages workers’ compensation in Minnesota.

Mississippi

Businesses Required to Carry Coverage

All employers with five or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or purchase workers compensation insurance from an insurance company.

Employees Covered

All employees are covered, except:

  • Domestic laborers
  • Farm laborers
  • Employees of non-profit fraternal, charitable, religious or cultural organizations
  • Federal employees covered by federal compensation laws
  • Certain transportation and maritime workers covered by federal compensation laws

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries, occupational illnesses, and diseases that arise out of the course and scope of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Wage loss
  • Temporary disability
  • Permanent disability
  • Death benefits
  • Limited vocational rehabilitation

State Workers’ Compensation Agency

The Mississippi Workers’ Compensation Commission manages workers’ compensation in Mississippi.

Missouri

Businesses Required to Carry Coverage

All employers with five or more employees are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Employers in the constructions industry with one or more employees
  • Employers who are members of a religious sect or division that are conscientiously opposed to acceptance of benefits of any public or private insurance which makes payments in the event of death, disability, old age, or retirement
  • Employers of farm laborers
  • Employers of domestic servants in a private home
  • Employers of occasional labor performed for an related to a private household

Employer Coverage Options

Employers may self-insure or purchase coverage through an insurance carrier.

Employees Covered

All employees are covered, except:

  • Real estate agents
  • Inmates whose services are strictly for the benefit of the state
  • Volunteers of a tax-exempt organization
  • Adjudicators, sports officials, or contest workers for interscholastic activities or similar amateur youth programs

Injuries and Illnesses Covered

Injuries and Illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary partial disability
  • Temporary total disability
  • Permanent partial disability
  • Permanent total disability
  • Death benefits

State Workers’ Compensation Agency

The Missouri Department of Labor, Division of Workers’ Compensation, manages workers’ compensation in Missouri.

Montana

Businesses Required to Carry Coverage

All employers with employees working in Montana are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or purchase private workers’ compensation coverage.

Employees Covered

All employees are covered, except:

  • Household/domestic workers
  • Sole proprietors
  • Working members of partnerships, LLCs, or limited partnerships
  • Real estate agents
  • Insurance salesperson
  • Railroad workers
  • Ameteur athletic officials
  • Newspaper carriers
  • Cosmetologists
  • Barbers
  • Certain employees of tribal entities
  • Jockeys and horse trainers
  • Petroleum land workers
  • Certain corporate officers
  • Ditch company officers and managers
  • Church ministers
  • Respite care workers
  • Athletes of contact sports
  • Musicians under contract

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that occur to an employee while the employee is performing the duties of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Permanent total disability
  • Temporary partial disability
  • Permanent partial disability
  • Death benefits
  • Certain vocational rehabilitation

State Workers’ Compensation Agency

The Montana Department of Labor and Industry, Employment Relations Division, manages workers’ compensation in Montana.

Nebraska

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or purchase a policy of workers’ compensation insurance for employee coverage.

Employees Covered

All employees are covered, except:

  • Federal employees
  • Railroad employees
  • Household domestic servants
  • Certain agricultural operations employees
  • Self-employed, sole proprietors, partners to partnerships, and limited liability company members
  • Executive officers of Nebraska corporations who own 25% or more of company stock
  • Executive officers of Nebraska nonprofits who receive annual compensation of $1,000 or less

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Total disability
  • Partial disability
  • Death benefits
  • Vocational rehabilitation

State Workers’ Compensation Agency

The Nebraska Workers’ Compensation Court manages workers’ compensation in Nebraska.

Nevada

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or purchase workers’ compensation insurance from a private insurance carrier.

Employees Covered

All employees are covered, except:

  • Casual employees whose work is not in the employer’s course of trade, business, profession or occupation
  • Theatrical and stage performers
  • Casual musicians whose work lasts no more than 2 consecutive days
  • Domestic, farm, dairy, agricultural, or horticultural labor
  • Voluntary ski patrolman
  • Sports officials for amateur and collegiate sports
  • Clergymen, rabbi or lay leader in the service of a church
  • Real estate agents and brokers

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Permanent partial disability
  • Temporary partial disability
  • Permanent total disability
  • Temporary total disability
  • Vocational rehabilitation
  • Death benefits

State Workers’ Compensation Agency

The Nevada Department of Business and Industry, Division of Industrial Relations manages workers’ compensation in Nevada.

New Hampshire

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage before hiring any employee.

Employer Coverage Options

Employers may self-insure, purchase insurance from a private insurer, or obtain coverage from an assigned risk plan.

Employees Covered

All employees are covered, except:

  • Sole-proprietors, partners to partnerships, and self-employed persons
  • Limited liability companies with three or less executives and no other employees

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases arising out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary partial disability
  • Death benefits
  • Permanent impairment
  • Temporary alternative duty
  • Vocational rehabilitation
  • Cost of living adjustment

State Workers’ Compensation Agency

The New Hampshire Department of Labor, Division of Workers’ Compensation, manages workers’ compensation in New Hampshire.

New Jersey

Businesses Required to Carry Coverage

All employers are required to carry workers compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Employers who are covered by federal programs.

Employer Coverage Options

Employers may self-insure or obtain workers’ compensation insurance coverage.

Employees Covered

All employees are covered, except:

  • Casual workers

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include accidents and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Permanent total disability
  • Permanent partial disability
  • Dependency benefits

State Workers’ Compensation Agency

The New Jersey Department of Labor and Workforce Development, Division of Workers’ Compensation manages workers’ compensation in New Jersey.

New Mexico

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure, obtain coverage through a workers’ compensation insurance policy, participate in a group fund, or join a state-assigned risk pool.

Employees Covered

All employees are covered.

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injury and occupational disease that have occured during and arise out of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Loss of use
  • Permanent partial disability
  • Permanent total disability

State Workers’ Compensation Agency

The New Mexico Workers’ Compensation Administration manages workers’ compensation in New Mexico.

New York

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self insure, obtain coverage from a private insurer, participate in the State Insurance Fund, or participate in group self-insurance

Employees Covered

All employees are covered, except:

  • Priests, ministers, rabbis and other members of religious orders
  • Members of supervised amateur athletic activities operated on a nonprofit basis
  • Teachers for nonprofit institutions
  • Non-manual workers for nonprofit institutions
  • Persons receiving charitable aid from a charitable or religious institution
  • Employees covered under other types of workers’ compensation systems (e.g. railroad, maritime, etc.)
  • Certain Native American Nation employees
  • Spouses and minor children of farmers
  • New York City police officers, firefighters, and sanitation workers
  • Casual workers
  • Certain real estate salespersons
  • Certain media sales representatives
  • Certain insurance agents or brokers
  • Sole proprietors, partners to partnerships, and certain corporate officers

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Permanent total disability
  • Temporary partial disability
  • Permanent partial disability
  • Vocational rehabilitation
  • Amputation/loss of use benefits
  • Disfigurement/scarring benefits
  • Loss of sight benefits
  • Loss of hearing benefits
  • Death benefits

State Workers’ Compensation Agency

The New York Workers’ Compensation Board manages workers’ compensation in New York.

North Carolina

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or obtain workers’ compensation coverage.

Employees Covered

All employees are covered, except for corporate officers who affirmatively waive coverage.

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries, illnesses, and diseases caused by an accident that arises out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Total disability
  • Partial disability
  • Vocational rehabilitation
  • Return to work with loss of earnings benefits
  • Death benefits

State Workers’ Compensation Agency

The North Carolina Industrial Commission manages workers’ compensation in North Carolina.

North Dakota

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation.

Employer Coverage Options

Employers must obtain coverage through North Dakota’s Workforce Safety & Insurance (WSI). WSI is both the only provider and administer of workers’ compensation in North Dakota.

Employees Covered

All employees are covered; except that, coverage for owners, partners, and corporate officers is optional.

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and illnesses that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Wage-loss benefits
  • Personal reimbursements
  • Return-to-work services,
  • Permanent partial impairment
  • Death benefits

State Workers’ Compensation Agency

North Dakota Workforce Safety and Insurance manages workers’ compensation in North Dakota.

Ohio

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or obtain coverage through the Ohio Bureau of Workers’ Compensation.

Employees Covered

All employees are covered, except:

  • Duly ordained, commissioned, or licenses ministers of a church in the exercise of ministry
  • Officers of a family farm corporation

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases received in the course of, and arising out of, the injured worker’s employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Wage loss compensation
  • Permanent partial disability
  • Scheduled loss
  • Permanent total disability
  • Disable Worker Relief Fund
  • Death benefits

State Workers’ Compensation Agency

The Ohio Bureau of Workers’ Compensation manages workers’ compensation in Ohio.

Oklahoma

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or obtain a workers’ compensation insurance policy.

Employees Covered

All employees are covered, except:

  • Casual employees whose work is not in the employer’s trade, business, profession or occupation
  • Employees whose work is required as a result of a conviction
  • Employees covered by another workers’ compensation system
  • Certain agricultural, ranching, and horticultural workers
  • Real estate agents and brokers
  • Certain domestic workers

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability
  • Permanent total disability
  • Vocational rehabilitation
  • Disfigurement
  • Death benefits

State Workers’ Compensation Agency

The Oklahoma Workers’ Compensation Commission manages workers’ compensation in Oklahoma.

Oregon

Businesses Required to Carry Coverage

All employers with at least one employee are required to carry workers’ compensation coverage, unless exempt.

The State government and agencies are exempt from the coverage requirement.

Employer Coverage Options

Employers may self-insure or obtain a workers’ compensation insurance policy.

Employees Covered

All employees are covered, except:

  • Domestic workers
  • Employees who perform gardening, maintenance, repair, remodeling, or similar work in the employer’s private home
  • Casual workers
  • Employees who are covered by federal workers’ compensation laws
  • Employees who transport goods in interstate commerce via rail, water, aircraft or motor vehicle
  • Certain city firefighters and police employees
  • Certain sole proprietors, partners to a partnership and corporate officers
  • Employees who perform work for religious, charitable, and relief organizations primarily in exchange for board and lodging
  • Certain newspaper carriers
  • Golf caddies

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Permanent total disability
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability

State Workers’ Compensation Agency

The Oregon Department of Consumer and Business Service, Workers’ Compensation Division, manages workers’ compensation in Oregon.

Pennsylvania

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure, obtain workers’ compensation insurance from an authorized insurer, or participate in the State Workers’ Insurance Fund.

Employees Covered

All employees are covered, except:

  • Certain agricultural employees
  • Domestic employees
  • Maritime workers covered under federal law
  • Employees exempt for religious reasons

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include personal injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Total disability
  • Partial disability
  • Specific loss benefits
  • Death benefits

State Workers’ Compensation Agency

The Pennsylvania Department of Labor and Industry, Bureau of Workers’ Compensation, manages workers’ compensation in Pennsylvania.

Rhode Island

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure, purchase workers’ compensation coverage through a private insurer, participate in the state fund or the state assigned risk pool.

Employees Covered

All employees are covered, except:

  • Certain real estate employees
  • Certain agricultural employees
  • Sole proprietors, partners to partnerships
  • Domestic servants
  • Police, firefighters, and federal employees covered under alternative workers’ compensation programs

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational illnesses that occur in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Total disability
  • Partial disability
  • Disfigurement
  • Loss of use
  • Vocational rehabilitation
  • Death benefits

State Workers’ Compensation Agency

The Rhode Island Department of Labor and Training, Division of Workers’ Compensation, manages workers’ compensation in Rhode Island.

South Carolina

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Employers regularly employing less than four employees in a single business
  • Employers with less than $3,000 in annual payroll during the previous calendar year

Employer Coverage Options

Employers may self-insure, purchase private insurance, join a group insurance fund or join an assigned risk pool.

Employees Covered

All employees are covered, except:

  • Casual employees whose work is not in the employer’s course of trade, business, profession or occupation
  • Certain state employees and officers
  • Certain municipal employees and officers
  • Railroad and railway express company employees
  • Federal employees
  • State and county fair association employees
  • Agricultural employees
  • Agricultural sales people
  • Real estate agents and brokers
  • Certain tractor-trailer owner-operators

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability
  • Permanent total disability
  • Death benefits

State Workers’ Compensation Agency

The South Carolina Workers’ Compensation Commission manages workers’ compensation in South Carolina.

South Dakota

Businesses Required to Carry Coverage

South Dakota employers are not required to carry workers’ compensation coverage. However, coverage is available. Employers that do not self-insure, or purchase coverage, may be sued by employees for injuries and illnesses related to employment.

If employers obtain workers’ compensation coverage, employee benefits are the exclusive remedies for work-related injuries and illnesses (i.e. employees cannot sue)

Employer Coverage Options

Employers may self-insure or purchase workers’ compensation insurance.

Employees Covered

All employees are covered, except:

  • Domestic servants (unless working for an employer more than 20 hours in any calendar week and for more than six weeks in any 13-week period)
  • Farm or agricultural labor
  • Employees whose work is not in the employer’s usual course of trade, business, occupation or profession
  • Certain elected officials of the state or any subdivision of government
  • Workfare participants
  • Real estate agents
  • Truck owner-operators

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries that arise out of and in the course of employment. The only diseases covered are those that result from the covered injury.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary partial disability
  • Temporary total disability
  • Permanent partial disability
  • Permanent total disability
  • Death benefits
  • Rehabilitation and retraining benefits
  • Hearing loss benefits

State Workers’ Compensation Agency

The South Dakota Department of Labor and Regulation manages workers’ compensation in South Dakota.

Tennessee

Businesses Required to Carry Coverage

All employers with five or more employees are required to carry workers’ compensation coverage, unless exempt.

All employers in the construction business, or the coal mining industry, with one or more employees must carry workers’ compensation coverage.

The State of Tennessee, including county and municipal government entities, are exempt from the coverage requirement.

Employer Coverage Options

Employers may self-insure or purchase workers’ compensation coverage.

Employees Covered

All employees are covered, except:

  • Employees whose work is not in the employer’s usual course of trade, business, profession, or occupation
  • Domestic servants
  • Farm or agricultural laborers
  • State of Tennessee, including counties and municipalities, employees
  • Voluntary ski patrol

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries, mental injuries, and occupational diseases that arise primarily out of and in the course and scope of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability
  • Permanent total disability
  • Death benefits

State Workers’ Compensation Agency

The Tennessee Department of Labor and Workforce Development, Bureau of Workers’ Compensation, manages workers’ compensation in Tennessee.

Texas

Businesses Required to Carry Coverage

Texas employers are not required to carry workers’ compensation coverage. Employers who elect not to carry workers’ coverage may still be liable for work-related injuries and illnesses.

Employer Coverage Options

Employers who opt to carry coverage may self-insure or purchase commercial workers’ compensation coverage.

Employees Covered

All employees are covered, except:

  • Certain seaman engaged in interstate or foreign commerce
  • Employees’ whose work is not in the employer’s usual course and scope of business
  • Domestic and casual employees whose work is incidental to a personal residence
  • Employees covered by federal workers’ compensation laws
  • Farm or ranch employees

Injuries and Illnesses Covered

Injuries covered by workers’ compensation include injuries that arise out of of or in the course and scope of employment.

Employee Benefits

For covered injuries, employees are entitled to:

  • Medical expenses
  • Income benefits
  • Death benefits
  • Burial benefits

State Workers’ Compensation Agency

The Texas Department of Insurance, Division of Workers’ Compensation, manages workers’ compensation in Texas.

Utah

Businesses Required to Carry Coverage

All employers with one or more employees are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement, including:

  • Domestic employers whose employees work less than forty hours per week
  • Agricultural employers who employs only family members meeting certain requirements

Employer Coverage Options

Employers may self-insure, purchase insurance coverage through an authorized company, or participate in the Workers’ Compensation Fund.

Employees Covered

All employees and independent contractors are covered, except:

  • Casual workers’ whose work is not in the employer’s usual course of trade, business or occupation
  • Mine workers covered by the Utah Occupational Disease Act
  • A max of five corporate officers or directors who a business elects to exclude from coverage
  • Real estate agents and brokers
  • Sales agents that qualify as independent contractors
  • Inmates working at correctional facilities
  • Insurance agents that qualify as independent contracts, and primarily are paid through commission
  • Motor vehicle operators that qualify as independent contractors

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries that arise out of and in the course of employment, and disease that arise out of those injuries.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability
  • Permanent total disability
  • Death benefits
  • Burial benefits

State Workers’ Compensation Agency

The Utah Labor Commission, Industrial Accidents Division, manages workers’ compensation in Utah.

Vermont

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers can self-insure or purchase workers’ compensation coverage.

Employees Covered

All employees are covered, except:

  • Casual employees whose work is not for the employer’s trade or business
  • Amateur sports workers
  • Agricultural or farm employees where the employer’s payroll is less than $10,000 total per calendar year
  • Members of an employer’s household
  • Domestic servants
  • Sole proprietors
  • Certain real estate agents and brokers

Most volunteers are not covered; however, in limited circumstances (e.g. certain student teaching arrangements), workers’ compensation has been determined to cover volunteer injuries in Vermont.

Injuries and Illnesses Covered

Injuries and illnesses covered include injuries and diseases which arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent total disability
  • Permanent partial disability
  • Vocational rehabilitation
  • Death benefits

State Workers’ Compensation Agency

The Vermont Department of Labor manages workers compensation in Vermont.

Virginia

Businesses Required to Carry Coverage

All employers that regularly employ three or more employees are required to carry coverage, unless exempt.

Employer Coverage Options

Employers may self-insure, purchase workers’ compensation from a private insurer, become of member of a licensed group self-insurance association, or purchase coverage through a professional employer organization.

Employees Covered

All employees are covered, except:

  • Real estate agents and brokers
  • Taxi cab and executive sedan drivers
  • Casual employees
  • Domestic servants
  • Farm and horticultural employees (where the employer employs three or less full-time employees)
  • Executive officers who are not paid salaries and reject coverage
  • Interstate railroad employees
  • Non-compensated employees and directors of non-profit and charitable companies
  • Certain sports officials

Certain independent contractor employees are covered when an employer engages independent contractors for work.

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries and occupational diseases that arise out of and in the course of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability
  • Permanent total disability
  • Death benefits
  • Lifetime medical benefits

State Workers’ Compensation Agency

The Virginia Workers’ Compensation Commission manages workers’ compensation in Virginia.

Washington

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers may self-insure or participate in the Washington State Fund.

Employees Covered

All employees are covered, except:

  • Domestic workers (unless the household regularly employees two or more workers for forty or more hours per week)
  • Persons employed for gardening, maintenance, repair or similar work in an employer’s private home
  • Employees’ whose work is not within the employer’s trade, business or profession
  • Employee working in return for aid or sustenance from a religious or charitable organization
  • Employee under the age of eighteen employed by a parent in agricultural activities
  • Horse-racing jockey participating in a racing meet
  • Employees covered by federal workers’ compensation programs
  • Musicians and entertainers when the employer is not in the business of entertainment, and the employee is not a regular employee
  • Newspaper carriers and vendors
  • Freelance journalists who are paid per piece of work and use their own equipment
  • Insurance producers
  • Cosmetologists, beauticians, barbers who rent or lease booth space
  • Commercial transportation drivers
  • For-hire vehicle operators who own or lease the for-hire vehicle
  • Business owners, partners to partnerships, and certain corporate officers

Injuries and Illnesses Covered

Injuries covered include those that occur in the course of employment. Illnesses covered include occupational diseases that develop as a result of work activities.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Permanent partial disability
  • Permanent total disability
  • Wage replacement
  • Certain training programs

State Workers’ Compensation Agency

The Washington State Department of Labor and Industries manages workers’ compensation in Washington.

West Virginia

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage, unless exempt.

Certain employers are exempt from the coverage requirement:

  • Agricultural employers with less than five workers
  • Casual employers with less than three workers
  • Churches
  • Employers whose employees are covered by federal workers’ compensation programs
  • Certain volunteer organizations
  • Professional sports team employers
  • Certain government employers

Employer Coverage Options

Employers may self-insure or purchase coverage through a private workers’ compensation carrier.

Employees Covered

All employees are covered, unless their employer is exempt as indicated above.

Injuries and Illnesses Covered

Injuries and illnesses covered by workers’ compensation include injuries that occur while performing work and occupational diseases related to work.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary disability
  • Permanent total disability
  • Permanent partial disability
  • Vocational rehabilitation
  • Death benefits

State Workers’ Compensation Agency

The West Virginia Offices of the Insurance Commissioner manages workers’ compensation in West Virginia.

Wisconsin

Businesses Required to Carry Coverage

All employers with three or more employees are required to carry workers’ compensation coverage. Employers with fewer than three employees but who pay wages of $500 or more in any calendar quarter are also required to carry workers’ compensation coverage.

Certain religious organizations whose fundamental tenets oppose workers’ compensation coverage may apply for a religious sect exception.

Employer Coverage Options

Employers may self-insure or purchase workers’ compensation coverage.

Employees Covered

All employees are covered, except:

  • Certain farm employees

Injuries and Illnesses Covered

Injuries and illnesses covered include injuries and occupational diseases that grow out of and are incidental to the employment relationship.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial disability
  • Permanent total disability
  • Vocational rehabilitation
  • Loss of earning capacity
  • Death benefits
  • Disfigurement

State Workers’ Compensation Agency

The Wisconsin Department of Workforce Development manages workers’ compensation in Wisconsin.

Wyoming

Businesses Required to Carry Coverage

All employers are required to carry workers’ compensation coverage.

Employer Coverage Options

Employers must purchase coverage from the Wyoming state fund

Employees Covered

All employees are covered, except:

  • Casual employees
  • Sole proprietors and partners to a partnership
  • Officers of corporation
  • LLC members
  • Spouses and dependents living in the employer’s household
  • Professional athletes
  • Private duty nurses employed by a private party
  • Federal government employees
  • Prisoners
  • Elected and appointed members of governmental entities
  • Foster parents providing foster care services
  • Childcare service providers receiving compensation from Wyoming department of family services

Injuries and Illnesses Covered

Injuries and illnesses covered include injuries and occupational diseases that arise in the course and scope of employment.

Employee Benefits

For covered injuries and illnesses, employees are entitled to:

  • Medical expenses
  • Temporary total disability
  • Temporary partial disability
  • Permanent partial impairment
  • Permanent total disability
  • Vocational rehabilitation
  • Death benefits
  • Burial expenses

State Workers’ Compensation Agency

The Wyoming Department of Workforce Services manages workers’ compensation in Wyoming.

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Information may be abridged and therefore incomplete. This document/information does not constitute, and should not be considered a substitute for, legal or financial advice. Each financial situation is different, the advice provided is intended to be general. Please contact your financial or legal advisors for information specific to your situation.

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