Who is Covered By Workers' Compensation?

This page provides answers to the following questions:

1. Are all employees covered by workers' compensation?

2. I am an independent contractor that was injured on a worksite. Can I receive workers' compensation benefits?

3. I was injured in a car accident on the way to work while driving the company car. Can I receive workers' compensation benefits?

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1. Are all employees covered by workers' compensation?

No. Most workers are covered, but not all. Workers' compensation coverage varies by state and by occupation. For example, some states exempt certain categories of workers, such as agricultural employees, seasonal employees, domestic employees, and independent contractors, from their workers' compensation systems. Other states require coverage only if an employer employs a minimum number of employees. To determine whether you are entitled to workers' compensation benefits, you should contact an experienced workers' compensation attorney in your area.

The Federal Employment Compensation Act (FECA) provides workers compensation for all non-military, federal employees. Keep in mind that if you are not covered by workers' compensation, you may be able to bring a civil claim against your employer or a third party.

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2. I am an independent contractor that was injured on a worksite. Can I receive workers' compensation benefits?

Maybe. Some states exempt independent contractors from workers' compensation. You should contact an experienced workers' compensation attorney in your area to determine whether you can receive workers' compensation in your state.

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3. I was injured in a car accident on the way to work while driving the company car. Can I receive workers' compensation benefits?

Yes. If an employee is injured while traveling to or from work and the employer has agreed to provide the worker with the means of transportation, or pay the employee's cost of commuting, or if travel is required while performing his/her duties, then the employee can receive workers' compensation benefits. However, this can be a complicated legal issue, so you are advised to contact an attorney who regularly represents employees in workers' compensation cases for more information.

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