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Does my employer have to carry workers’ compensation insurance?

On Behalf of | Nov 9, 2020 | workers' compensation

Workers’ compensation insurance is something your employer carries that provides you with benefits if you suffer an injury at work. The employer must pay for the insurance and the requirement to carry it is from state law.

According to the Department of Workforce Development, almost every employer has to carry workers’ compensation insurance. There are only a few exceptions.

Independent contractors

Employers do not have to provide workers’ compensation for independent contractors. However, if your employer classifies you as an independent contractor, you should verify that the classification is correct. Many employers will improperly label workers either by mistake or to try to avoid providing benefits, such as workers’ compensation. A true independent contractor is his or her own boss, so he or she would have the responsibility to cover his or her own on-the-job injuries and associated costs.

Certain types of employees

The state does not require employers to provide workers’ compensation coverage for volunteers, certified religious workers, domestic servants or certain farm employees. If you work in any of these positions, you need to check the workers’ compensation laws to see if your employer must provide you coverage. Your employer should also be able to provide you with this information.

Employees with coverage elsewhere

You may work for an employer or within an industry that has other coverage for you for on-the-job injuries. For example, if you work for the railroad, then you probably have coverage under the Federal Employers Liability Act and your employer will not need to provide workers’ compensation. Other workers covered under a different type of insurance include seaman and federal government workers.