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Who Is Entitled to Workers’ Compensation?

When it comes to workplace injuries, you may wonder who is entitled to receive coverage under workers’ compensation. The good news is most employees have it available to them, though it may depend on the state, the occupation and the size of the company he or she works for. The following gives a brief outline of who is covered and who is not.

Types of Employment

Most types of employment offer coverage under workers’ compensation, though different states exempt certain types of workers, which may include:

  • Seasonal Employees – Those who only work for a company during the holidays or other busy times of the year.
  • Agricultural Employees – Those who tend livestock and maintain crops under the supervision of agricultural managers such as ranchers and farmers.
  • Domestic Employees – Those performing for an employee certain household chores such as housekeeping, babysitting and gardening.

Other types of employment typically have coverage, including industrial work, office work, medical work and more.

Independent Contractors

When considering whether an independent contractor will receive compensation, there are a few factors at play. In most cases, the contractor will not receive compensation because he or she is self-employed and simply another business the employer contracted with. To qualify for workers’ compensation, the contractor must receive a salary from the employer, and the employer must control the contractor’s hours of operation and other employment specifics.

There are other factors at play as well, so it’s important you speak with a workers’ compensation attorney to understand them. There are always exceptions and changes, so you should be familiar with those.

Size of the Company

Depending on the state in which you work, you may or may not be entitled to workers’ compensation based on the number of employees at your workplace. For example, in agriculture, Florida only allows coverage if the company has at least six employees, but in the construction industry, coverage can be given with just one employee. Missouri requires at least five employees, whereas Virginia only requires two. Your workers’ compensation insurance provider can help you understand these specifics, as can your attorney.

Learning What You Need to Know

There is a lot that goes into a workers’ compensation claim. You need to report your injury, provide proof your injury was a direct result of a work-related incident and complete all the necessary paperwork on time. Whether you’re certain you have coverage or are still unsure, contact a workers’ compensation attorney, like a workers compensation Attorneys in Milwaukee, WI, to learn everything you need to know to move forward with your claim.


Thank you to Hickey & Turim SC for their input into personal injury law.