Workers’ Compensation Laws By State (2024 Guide) (2024)

AlabamaAlabama Code §25-5-1 et seq.Alabama Department of Labor
  • Not required for businesses with less than five employees

  • Does not cover casual employees, domestic servants, farm laborers, licensed real estate agents or product demonstrators

AlaskaAS §23.30.005, et. seqDepartment of Labor & Workforce DevelopmentDoesn't cover contract entertainers, commercial fishermen, domestic servants, harvest/transient workers or taxi cab driversArizonaArizona Revised Statutes Annotated §§23-901, et seq.Industrial Commission of ArizonaDoesn't cover casual employees or independent contractorsArkansasArkansas Code Annotated § 11-9-101 et seq.Arkansas Workers' Compensation CommissionDoesn't cover casual employees, farm laborers, inmates, or state employeesCaliforniaCalifornia Labor Code Division 3, section 2700 through Division 4.7, section 6208Department of Industrial RelationsDoesn't cover amateur sporting event officials; deputy clerks; deputy sheriffs; domestic workers employed by parents, spouse or child; volunteers for non-profit recreational camps or ski patrols
Not providing workers compensation payments can result in a year in jail and failure to insure can cost a business $100,000 in finesColoradoColorado Revised Statutes §8-40-101, et seq.Department of Labor and EmploymentDoesn't cover drivers under lease agreements with common or contract carriers, inmates or volunteersConnecticutConnecticut General Statutes Sections 31-275 through 31-355a, et seq.Workers' Compensation CommissionDoesn't cover casual employees, independent contractors or sole proprietorsDelawareDelaware Code Annotated Title 19, §§2301-2397Department of LaborDoesn't include a spouse or minor child of a farm employer not named on insurance, anyone who sells products not in a space controlled by the employer, or casual employeesDistrict of ColumbiaDistrict of Columbia Code Annotated §32-1501, et seq.Department of Employment Services
  • An employee whose employer is an uninsured subcontractor can assert a claim against the supervising general contractor

FloridaChapter 440, Florida Statutes, et seq.Department of Financial ServicesDoesn't apply to:
  • Bands, orchestras, musical or theater performers and DJs

  • Casual employees

  • Independent contractors (excluding construction industry)

  • Licensed real estate brokers

  • Some sports officials

  • Some taxi cab or other vehicle for hire operators

GeorgiaOfficial Code of Georgia Annotated §§34-9-1, et seq.Georgia State Board of Workers' CompensationExcludes rail common carriers engaged in interstate/intrastate commerce, domestic servants, farm laborers, independent contractors and licensed real estate salespeople or associate brokersHawaiiHawaii Revised Statutes, Chapter 386Department of Labor and Industrial RelationsSome contractors are exemptIdahoIdaho Code §72-101, et. seq.Industrial CommissionDoesn't apply to casual workers, domestic servants, officials of secondary school athletics, pilots of spraying or dusting planes, real estate brokers and salespeople, volunteer ski patrolIllinois820 Illinois Compiled Statutes Annotated 305/1, et seq.Illinois Workers' Compensation CommissionDoesn't apply to farmers, jurors, or real estate brokers and salespeople

Business owners who fail to make payments face fines of $500 per day with a $10,000 minimum fine

IndianaInd. Code §22-3-1-1 et seq.Workers' Compensation Board of IndianaDoesn't apply to agricultural workers, casual laborers, employees of fire or police departments that have pension funds, household employees and some railroad and railyard employeesIowaIowa Code §85.1 et seq.Iowa Workforce DevelopmentDoesn't apply to agricultural employees earning less than $2,500 in the year prior to the injury, casual or household employees who earned less than $1,500 in the year prior to injury or some officers of corporations or farmsKansasKansas Statutes Annotated §44-501 et seq.Department of LaborNo exceptions. Applies to anyone who has entered into service or apprenticeshipKentuckyKentucky Revised Statutes § 342.0011 et seq.;803
Kentucky Administrative Regulations. 25:009 et seq.Kentucky Labor CabinetDoesn't apply to domestic servants (if there are less than two employed in the home for 40 or less hours per week) or maintenance or similar type workers employed in a private home if the employer has no other employees subject to workers' compLouisianaLouisiana Revised Statutes Annotated §23:1021 et seq.
Louisiana Revised Statutes Annotated §33:2581Louisiana Workforce CommissionDoesn't apply to employees of private homes, employees of unincorporated farms or musicians or other performers under contractMaineMaine Revised Statutes Annotated, title 39-A, or 39-A M.R.S.A. §101 et seq.Workers' Compensation BoardDoesn't apply to certain agricultural employees, independent contractors or people covered by admiralty lawMarylandMaryland Code Ann., Lab & Empl. §9-101 (2014) et seq.; Code of Maryland Regulations (COMAR) Title 14, §09.01.01 et seq.Workers' Compensation CommissionApplies to any regular payroll employee but not to independent contractorsMassachusettsMassachusetts General Laws, Chapter 152Executive Office of Labor and Workforce DevelopmentDoesn't apply to casual employees, people employed in professional athletics, real estate brokers and others who work on commission only or those employed in interstate or foreign commerceMichiganMichigan Compiled Laws Annotated 418.101-941Department of Licensing and Regulatory AffairsExclusions apply for domestic workers, real estate brokers or agents, some agricultural employees and some smaller employersMinnesotaMinnesota Statutes Annotated Ch. 175A and 176, et seq.Department of Labor and IndustryDoesn't apply to farmers or family members of farmers who exchange work with other farmers.MississippiSection 71-3-1 et. seq., MISS. CODE ANNWorkers' Compensation CommissionDoesn't apply to independent contractorsMissouriChapter 287 R.S.Mo. 2005Department of Labor and Industrial RelationsDoesn't apply to direct sellers, domestic servants, farm laborers, inmates, owner/operators of leased trucks in interstate commerce, sports officials or volunteersMontanaMont. Code Ann. §39-71-101, et.seqDepartment of Labor and IndustryDoesn’t apply to:NebraskaNebraska Revised Statutes §48-101 et. seq.Workers' Compensation CourtDoesn't apply to agricultural employees, domestic servants or railroad employees engaged in interstate commerceNevadaNev. Rev. Stat. Chapters 616A-616D, Nev. Rev. Stat. Chapter 617Department of Business & IndustryDoesn't apply to casual employees, direct salespeople, domestic workers, members of the clergy, musicians (who work for two consecutive days or less), sports officials paid nominal fees, theatrical performers or voluntary ski patrolNew HampshireNew Hampshire Revised Statutes Annotated 281-AWorkers' Compensation DivisionDoesn't apply to direct sellers, railroad employees engaged in interstate commerce, real estate brokers/appraisers or agents or those providing services for residential placement of individuals with disabilitiesNew JerseyNew Jersey Statutes Annotated 34:15-1 et seq.Department of Labor and Workforce DevelopmentDoesn't apply to casual workers, domestic workers, employees who are willfully negligent, independent contractors or inmatesNew MexicoNew Mexico Workers' Compensation Act, New Mexico Statutes Annotated §§52-1-1, et seq.Workers' Compensation AdministrationDoesn't apply to domestic servants, farm employees, real estate agents or those with waiver from the stateNew YorkWorkers' Compensation Law of the State of New YorkWorkers' Compensation BoardDoesn't apply to:
  • Anyone engaged in yard work or household chores or making repairs or painting in and about a one-family owner-occupied residence

  • Babysitters and minors over the age of 14 engaged in casual employment for one family Clergymen

  • Domestic employees working less than 40 hours per week

  • Employees of municipalities and other political subdivisions who are not engaged in hazardous employment

  • Longshoremen and harbor workers

  • Railroad employees

  • Uniformed sanitation workers, firefighters and police officers in the employment of the City of New York

Failure to make workers compensation payments can lead to felony charges

North CarolinaN.C. Gen. Stat. §97Industrial CommissionDoesn't apply to casual employeesNorth DakotaNorth Dakota Century Code Title 65 (Chapters 65-01 through 65-10)Workforce Safety and InsuranceDoesn't apply to anyone doing something illegal, casual employees, independent contractors, spouse or child under age 22 of the employter, members of boards of directors, newspaper delivery people or real estate brokers and salespeople
Workers’ compensation insurance must be bought from a state fund.OhioOhio Revised Code §4121.01 et. seq.
Ohio Administrative Code §4121-01 et. seq.Bureau of Workers' CompensationNo exemptions

Workers’ compensation insurance must be bought from a state fund.

OklahomaOkla. Stat. tit. 85, §§301-413Workers' Compensation CourtDoes not apply to horticulture workers not using motorized machines, anyone employed by an employer with less than five employees who are all related, employees of tax-exempt youth sports leagues, domestic servants in a private home, real estate brokers, sole proprietors, volunteers, owner-operators of trucks or workers who provide medical care or social servicesOregonWorkers' Compensation Law. Or. Rev. Stat. §656.001Workers' Compensation DivisionDoesn’t apply to casual employees or inmatesPennsylvaniaWorker's Compensation Act of June 24, 1996, P.L. 350, No. 57Bureau of Workers' CompensationDoesn't cover casual employees
Intentional noncompliance with workers’ compensation laws is a felony that can result in a sentence of up to seven years.Rhode IslandR.I. Gen. Laws. 27-7.1-1, et. seq.;Department of Labor & TrainingDoesn't apply to casual employees, farmers or farm laborers, nursery workers, salespersons including real estate brokers and sworn employees of the stateSouth CarolinaS.C. Code Ann. §42-1-110 et seq.Workers' Compensation CommissionDoesn't apply to casual employeesSouth DakotaSDCL Title 62Department of Labor and RegulationDoesn't apply to domestic servants working less than 20 hours a week, farm workers, independent contractors or volunteersTennesseeT.C.A. §50-6-101, et seq.Department of Labor and Workforce DevelopmentDoesn't apply to some undocumented workersTexasTexas Labor Code Annotated § 401.001 et. seqDepartment of InsuranceDoesn't apply to federal employees or independent contractorsUtahUtah Code Annotated §34A-2-101, et seq.Labor CommissionDoesn't apply to real estate brokersVermontVermont Statutes Annotated title 21, § 601 et seq.Department of LaborDoesn't apply to assistant judges, casual employees, those engaged in amateur sports, domestic workers, farm workers, illegally hired minors, members of an employers family who live in their home or sole proprietors or partners in an unincorporated businessVirginiaVirginia Workers' Compensation Act, Title 65.2 Code of Virginia 1950Workers' Compensation CommissionDoesn't apply to anyone whose employment is not within the usual course of the employer's businessWashingtonRCW 51.04.010 to 51.98.080Department of Labor and IndustriesExemptions include:
  • Booth renters

  • Certain workers for businesses registered within the Registration of Contractors or licensed Electricians and Electrical Installations

  • Children employed by parents on a family farm

  • Domestic workers

  • Employees not engaged in the business they were hired for

  • Entertainers hired for specific performances

  • Gardeners

  • Home maintenance workers

  • Insurance producers

  • Jockeys

  • Newspaper delivery workers

  • Services performed for sustenance or help

  • Sole proprietors or partners

  • Some officers of corporations

Workers’ compensation insurance must be bought from a state fund.

West VirginiaW. Va. Code §23-1-1 et seq.Offices of the Insurance CommissionDoesn't apply to companies with fewer than five employees, church workers, casual employees, domestic servants, federal employees, volunteer police or rescue or certain employees engaged in professional sportsWisconsinWis. Stat. §102.01-.89 (2011)Department of Workforce DevelopmentDoesn’t apply to domestic servants or most volunteersWyomingWyoming Statutes §27-14-101, et seq.Department of Workforce ServicesDoesn’t apply to:
  • Casual employees

  • Childcare workers employed by the state

  • Elected officials

  • Employees in private homes

  • Federal government employees

  • Foster parents

  • Independent contractors

  • Officers of corporations

  • Professional athletes

  • Sole proprietors

  • Volunteers

Workers’ compensation insurance must be bought from a state fund.

Workers’ Compensation Laws By State (2024 Guide) (2024)
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