Who is Eligible for Workers’ Compensation?


Workers’ compensation laws vary from state to state, but by and large, employees in any industry are entitled to file a claim when they sustain an on-the-job injury. As a “no-fault” insurance, workers are eligible for workers’ comp even if they play a role in their accident.

Texas is the only state in the nation that does not require employers to carry workers’ compensation insurance.

In many states, employers need only one employee before they are required to purchase workers’ compensation insurance. Therefore, nearly every worker in the United States is covered. However, it is always a good idea to consult with an attorney, even when you are confident of your eligibility, to help ensure the best outcome.

Under workers’ compensation, injured workers are typically eligible to receive 3/4th of their weekly wage and payment for all related medical expenses. In addition, compensation for travel to and from appointments may also be covered. These benefits continue until the injured worker has recovered sufficiently from their injury to return to work.

What if I’m Not Eligible?

Independent contractors are not eligible for workers’ comp. This often includes people working in construction, delivery, and similarly dangerous professions at heightened risk for serious injury. A personal injury claim may be the best solution when you are injured, and workers’ compensation is not an option.

With a personal injury claim, you can seek compensation for medical expenses, lost wages, and pain and suffering. These claims may offer more substantial rewards than workers’ comp benefits but are not as easy to obtain.

Personal injury claims require a negligent party. Establishing negligence is best done through an investigation by a personal injury lawyer. This helps to ensure all liable parties are identified and held to account.

Finding the Best Solution

When you are injured on the job, talking to an attorney who focuses on both workers’ compensation and personal injury law can help ensure you are making the best decision for your case. Use our directory to find a qualified lawyer in your area and schedule a free case review today.