What Is Workers’ Compensation Insurance?
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Workers’ compensation insurance is a type of commercial insurance that can cover medical bills, lost wages, death benefit payouts and more if an employee is injured, becomes sick or dies while working. This coverage type generally shields businesses from lawsuits while also ensuring their employees can receive compensation after on-the-job accidents regardless of who is at fault for those accidents.
Read on to find out more about workers’ compensation coverage including how prices are determined and whether you are required to add it to your business insurance policy.
Key Takeaways
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How Does Workers’ Compensation Insurance Work?
Workers’ compensation insurance provides partial income replacement for employees who become sick or get injured on the premises of their workplace or otherwise in the course of performing the duties of their job. This coverage applies regardless of who is at fault for the incident that causes the sickness or injury.[1]
In exchange for receiving workers’ compensation benefits, employees generally waive the right to sue their employer on account of their injuries. However, there may be some exceptions such as if the employee believes their employer intentionally caused their injury or if their injury isn’t eligible for mandatory benefits under the company’s workers’ compensation policy. In these cases, the employer’s policy usually covers legal expenses.[1]
If you are permanently disabled due to a workplace injury, there may be a limit on the amount of time you can claim workers’ compensation benefits or on the total amount of money you can receive. For example, the following restrictions apply to state government employees collecting benefits after a workers’ comp claim in North Carolina:[2]
Permanently-Injured Body Part |
Maximum Benefit Period |
---|---|
Thumb |
75 weeks |
Index finger |
45 weeks |
Middle finger |
40 weeks |
Ring finger |
25 weeks |
Pinky |
20 weeks |
Big toe |
35 weeks |
Any other toe |
10 weeks |
Hand |
200 weeks |
Arm |
240 weeks |
Foot |
144 weeks |
Leg |
200 weeks |
Eye |
120 weeks |
Hearing loss in one ear |
70 weeks |
Hearing loss in both ears |
150 weeks |
Back |
300 weeks |
Serious facial or head disfigurement |
Until you receive $20,000 in total |
Serious body disfigurement |
Until you receive $15,000 in total |
Any other body part |
Until you receive $20,000 in total |
How Is Workers’ Compensation Calculated?
If one of your employees becomes eligible for workers’ compensation benefits, your insurance company will pay them a percentage of their average weekly income each week. A standard payout for a disabled employee is often between 60% and 67% of their weekly income but this percentage may be adjusted depending on the severity of the injury.[3]
For example, if your salary is $75,000 per year, this means your average weekly wage is around $1,442.31. As a result, your workers’ compensation disability benefits after a serious injury may range from around $865.38 to $961.54 per week.
There may also be state-mandated requirements regarding the minimum and maximum weekly payments you can receive through workers’ compensation insurance. For example, North Carolina’s minimum is $30 per week, while the maximum is $1,330 per week as of 2024.[2][4]
What Does Workers’ Compensation Insurance Cover?
A typical workers’ compensation insurance policy covers medical and rehabilitation costs, lost wages and disability benefits if an employee is injured or gets sick in the course of doing their job. Likewise, it can pay out a death benefit to an employee’s beneficiaries if that employee dies due to a work-related illness or injury.[5]
To get an idea of the types of incidents that will likely be covered by your policy, you can view the below table for an overview of some of the most common types of workplace injuries and how many injuries were reported for each category from 2021 to 2022.[6]
Category |
Injuries Reported From 2021-2022 |
---|---|
Exposure to harmful substances or environments |
634,080 |
Overexertion and bodily reaction |
521,350 |
Falls, slips and trips |
450,540 |
Contact with objects and equipment |
450,050 |
Violence and other injuries by people or animals |
85,410 |
Transportation incidents |
85,000 |
Fire and explosions |
3,190 |
What Isn’t Covered?
Workers’ compensation coverage generally applies to your employees, which means it may not always cover freelancers or contractors. That said, you may still be liable for injuries incurred by contractors and subcontractors while they are doing work for you if they don’t have their own workers’ comp insurance.[1]
In addition, certain injuries may be excluded from coverage even for your employees. Naturally, this coverage type doesn’t apply to injuries that occur completely outside of the scope of your employees’ work. Meanwhile, the following incidents may also be excluded:[5]
- Injuries related to substance abuse or intoxication
- Injuries that occur during the commute to or from work
- Intentionally-inflicted injuries
- Injuries incurred in a fight started by the employee
- Mental health issues that are unrelated to a physical injury
Who Pays for Workers’ Compensation Insurance?
Employers are solely responsible for paying workers’ compensation insurance premiums. Unlike other employee benefits such as employer-sponsored health or life insurance coverage, there generally aren’t pre-tax deductions taken from employees’ paychecks to go toward paying for workers’ comp coverage.
How Much Does Workers’ Compensation Insurance Cost?
Workers’ compensation insurance prices largely depend on factors like the amount of money you spend on payroll, the level of risk associated with your business as indicated by your industry’s class code and your company’s claims history. For example, The Hartford’s commercial customers generally spend about $56 to $391 per month on workers’ compensation insurance depending on their payroll.[5]
Is Workers’ Compensation Required for All Businesses?
Not every business needs workers’ compensation insurance but, as a general rule, you are likely required to buy a policy if your company employs multiple people. In many states, coverage is required if you employ just one person. As a result, the vast majority of businesses across the United States should plan on securing this coverage type.
Which States Require Workers’ Compensation?
Every single state has workers’ compensation requirements, although there are differences in terms of how many employees a business must have before they must buy coverage and what industries are exempt from the general requirements. You should note that Texas is the only state where the majority of businesses do not need workers’ compensation insurance.[7]
For a rundown of workers’ compensation requirements by state including the number of employees at which you must carry coverage and what types of employees don’t count toward these requirements, see the table below.[7]
State |
Number of Employees |
Exceptions |
---|---|---|
Alabama |
Five |
Sole proprietors, domestic workers, farm laborers and casual employees |
Alaska |
One |
Sole proprietors, partners, nonprofit executive officers, members of a member-managed LLC, part-time babysitters, non-commercial cleaners, harvest help and similar part-time help, amateur sports officials, contract entertainers, commercial fishers and taxi drivers compensated by contractual arrangement |
Arizona |
One |
Sole proprietors without employees, working partners, independent contractors, casual employees and domestic workers |
Arkansas |
Three |
Farm laborers and real estate agents |
California |
One |
Sole proprietors without employees and directors and officers who fully own the corporation they work for |
Colorado |
One |
Sole proprietors, corporate officers of corporations and members of LLCs, casual employees who do less than $2,000 worth of repair work per year, part-time domestic or maintenance workers, real estate agents and brokers paid by commission, independent contractors without employees and drivers for contract carriers |
Connecticut |
One |
Corporate officers, LLC members, partners, sole proprietors and people who work in or around a private home for 26 hours or less per week |
Delaware |
One |
Farm workers and independent contractors |
District of Columbia |
One |
Sole proprietors without employees and domestic workers who work less than 240 hours per year |
Florida |
One (construction businesses), six (agricultural businesses with regular employees), 12 (agricultural businesses with seasonal employees who work at least 30 days) or four (other businesses) |
Corporate officers, LLC members, sole proprietors and partners outside of the construction industry |
Georgia |
Three |
Sole proprietors and partners |
Hawaii |
One |
Sole proprietors, partners, domestic workers who make less than $225 per year, some 25% shareholders, all 50% shareholders and real estate agents paid by commission |
Idaho |
One |
Sole proprietors plus family members who live in their households and work for them, domestic workers, pilots of agricultural planes, real estate agents paid by commission and casual employees who work irregular hours in a different field than the employer’s primary business |
Illinois |
One |
Sole proprietors without employees and employers of family members who live in their households, are corporate officers or work for an agricultural business that employs workers for a combined total of less than 400 days per year |
Indiana |
One |
Sole proprietors, partners, LLC members, corporate officers and independent contractors |
Iowa |
One |
Sole proprietors, LLC members, domestic workers who make less than $1,500 per year, agricultural exchange laborers, family farm corporation officers and agricultural employers with a payroll below $2,500 per year |
Kansas |
Based on payroll ($20,000) rather than number of employees |
Sole proprietors, partners, LLC members, independent contractors without employees, agricultural employers and family members who own less than 10% of the business |
Kentucky |
One |
Sole proprietors, partners, LLC members, independent contractors, farm workers, domestic workers in a home with fewer than two full-time employees and employees covered by federal laws such as railroad and maritime workers |
Louisiana |
One |
Sole proprietors, partners, LLC members, corporate officers, dusting and spraying airplane crews, real estate brokers and agents, musicians and performers, employees covered by federal laws, unpaid officers and board members of certain nonprofits and people who work in exploring, developing, producing or transporting minerals |
Maine |
Seven (agriculture and aquaculture businesses) or one (other businesses) |
Sole proprietors, partners, LLC members, domestic workers and employers of casual or seasonal laborers in the agriculture and aquaculture industries |
Maryland |
Three (agriculture businesses) or one (other businesses) |
Sole proprietors, agricultural employers with a payroll below $15,000, agricultural office workers, independent contractors on farms and owner-operators of large tractor-trailers |
Massachusetts |
One |
Sole proprietors, partners, LLC members, domestic workers who work fewer than 16 hours per week, people who work in interstate or international commerce, real estate agents and other consumer goods salespeople paid by commission and taxi drivers who lease their cabs on a fee basis |
Michigan |
One |
Sole proprietors, some partners and corporate officers who are shareholders of closely held corporations and some family members of the employer |
Minnesota |
One |
Sole proprietors, partners, some LLC managers, officers of closely held corporations, some family members of the employer, family farm operations and employers covered by federal liability laws |
Mississippi |
Five |
Sole proprietors, partners, corporate officers, independent contractors, domestic workers and farm laborers |
Missouri |
One (construction businesses) or five (other businesses) |
Sole proprietors, partners, LLC members, family members of the employer, domestic workers, farm members, real estate agents and owner-operators of commercial motor carriers |
Montana |
One |
Sole proprietors, independent contractors, domestic workers, casual employees, freelancers, newspaper carriers, licensed barbers and cosmetologists working on contract, petroleum land professionals and real estate, securities and insurance agents paid by commission |
Nebraska |
One |
Sole proprietors without employees, independent contractors, domestic workers, some agricultural employees, federal employees, railroad employees and most volunteers |
Nevada |
One |
Sole proprietors without employees, domestic workers, casual employees who work for fewer than 20 days and make less than $500, agricultural and horticultural laborers, people working in interstate commerce, non-construction employees working temporarily in Nevada who are covered in another state and employees covered by private disability and life insurance plans |
New Hampshire |
One |
Sole proprietors, partners, self-employed businesspeople and corporations and LLCs with three or fewer executive officers or members and no additional employees |
New Jersey |
One |
Sole proprietors without employees |
New Mexico |
One (construction businesses) or three (other businesses) |
Sole proprietors, domestic workers, real estate agents and farm or ranch laborers |
New York |
One |
Sole proprietors and partners without employees |
North Carolina |
One (businesses where employees risk exposure to radiation), 10 (agriculture businesses) or three (other businesses) |
Sole proprietors, partners, LLC members and domestic workers |
North Dakota |
One |
Sole proprietors, partners, corporate officers, independent contractors, domestic workers, farm and ranch laborers and children of the employer under the age of 22 |
Ohio |
One |
Sole proprietors, partners, LLCs acting as sole proprietors or partnerships, family farm corporate officers and individuals who have incorporated and don’t have any employees |
Oklahoma |
Six (businesses where all employees are related to the employer by blood or marriage) or one (other businesses) |
Sole proprietors, partners, LLCs, corporate officers, licensed real estate brokers, most domestic workers and some agricultural and horticultural workers |
Oregon |
One |
Sole proprietors |
Pennsylvania |
One |
Sole proprietors, partners, corporate officers, licensed real estate or insurance agents or brokers paid by commission, domestic workers, casual employees, outworkers, farmers with only one employee who works for less than 30 days or earns less than $1,200 per year, farmers’ spouses and farmers’ children under the age of 18 |
Rhode Island |
Four |
Sole proprietors, partners, independent contractors and some real estate agents, domestic workers and agricultural laborers |
South Carolina |
Four |
Sole proprietors, partners, LLC members, agricultural employees, some real estate agents paid by commission, textile companies, railroad companies and employers with an annual payroll below $3,000 |
South Dakota |
One |
Sole proprietors, partners, corporate officers, LLC members, domestic workers who work less than 20 hours per week and less than six weeks per 13-week period, agricultural laborers, real estate agents and independent contractors including certified truck owner-operators |
Tennessee |
One (construction and coal mining businesses) or five (other businesses) |
Sole proprietors, partners and LLC members |
Texas |
Coverage not required |
Construction companies contracting with the government |
Utah |
One |
Sole proprietors, partners, LLCs, agricultural laborers, domestic workers, casual employees and real estate brokers |
Vermont |
One |
Sole proprietors, partners, corporate officers, LLC members, casual employees who work in a different field than the employer’s primary business and agricultural employers with a payroll below $10,000 |
Virginia |
Two |
Sole proprietors, partners, LLCs and independent contractors |
Washington |
Two (employers of domestic workers who work more than 40 hours per week) or one (other businesses) |
Sole proprietors, partners, corporate officers, LLC members, private residential gardeners and maintenance or repair workers, family farm laborers under the age of 18, musicians and entertainers at specific events and cosmetologists and barbers who rent or lease their workspace |
West Virginia |
Five (agricultural businesses), three (casual employers) or one (other businesses) |
Sole proprietors, partners, corporate officers, LLC members, independent contractors, domestic workers, employees covered by federal laws, organized professional sports employees who participate in sporting activities and churches |
Wisconsin |
Six (farmers employing multiple people on the same day for at least 20 days per year), one (employers who pay a full-time or part-time employee $500 in combined gross wages per quarter) or three (other businesses) |
Sole proprietors, partners and LLC members |
Wyoming |
One |
Sole proprietors, partners, corporate officers, LLC members, domestic workers, casual employees, independent contractors, a spouse and dependents living in the employer’s household and child caregivers and babysitters whose wages are subsidized or paid in full by the Department of Family Services |
How Do I Get Workers’ Compensation Insurance for My Business?
The best way to find workers’ compensation insurance at an affordable price is to compare quotes from multiple insurance carriers. SmartFinancial makes this process easy by collecting your information through a simple questionnaire and quickly connecting you with insurance agents who can help you find policies in your area. For a commercial insurance quote that won’t cost you anything, click here now.
In most states, certain approved businesses are allowed to self-insure instead of buying private workers’ compensation coverage. Additionally, many states allow employers to opt into government-funded workers’ compensation insurance.[7]
Four states — North Dakota, Ohio, Washington and Wyoming — are known as monopolistic states because businesses in those states are not allowed to buy private workers’ compensation insurance policies and are instead required to receive coverage through a state fund. You should note that state-provided coverage in monopolistic states generally doesn’t cover lawsuits like private policies can.[8]
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