A few states also exclude gardeners and workers doing remodeling in private homes. Agricultural and farm workers. Several states exempt agricultural and farm workers from workers' comp coverage, but those exemptions often apply only to small farms. But some states, like Texas, specifically include farmworkers, including certain migrant and seasonal laborers Tex. Code Ann. Leased or loaned employees. If you're an employee of a staffing or temp agency and are injured while on assignment with another employer sometimes called the "special employer" , you should be covered by workers' comp as long as the injury was work-related.
But the question of who's responsible for the coverage—the agency or the special employer—can depend on state law and the circumstances. Often, temp workers are considered employees of both the lending agency and the special employer, leaving the two insurance companies to fight out who's responsible for benefits.
Casual or seasonal workers. Some states exclude casual or seasonal workers from workers' comp, but this exemption may apply only if the work wasn't part of the employer's regular business or profession.
Undocumented workers. Immigrant employees who don't have legal status to work are covered under workers' comp in most states—including California, Texas, and Florida—whether explicitly in the laws or through court decisions. This is an evolving part of the law, however, as legislators in certain states try to exclude undocumented immigrants from workers' comp protections. Speaking With a Lawyer If your employer claims that you're not eligible for workers' comp benefits—because you're an independent contractor, you fit in one of the other exemptions, or the employer isn't required to provide coverage—you should consider consulting with a lawyer.
Talk to a Lawyer Need professional help? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Workers Compensation. Workers' Compensation Benefits.
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View More. Make the Most of Your Claim. The vast majority of workers' compensation claims are resolved without any problems. However, sometimes a disagreement can arise between you and your employee over issues such as whether the injury was sustained on the job or how much in benefits they are entitled to receive.
When a dispute like that arises, the Division of Workers' Compensation can help resolve it through its Information and Assistance Unit or by going before a judge at one of the division's 22 local district offices plus satellites. Please be advised that if you are a roofer and don't have any employees, you are still required to carry workers' compensation insurance.
If you are an out-of-state employer you may need workers' compensation coverage if you have any employees regularly working in California, or if you enter into a contract of employment here. Topics on this page include: General information Medical treatment information Disability ratings Retraining and return to work information. Workers' compensation benefits - Overview of benefits, including currents rates, available for injured workers.
Time of hire pamphlet Un folleto para el nuevo empleado. Simplified flow chart for claims process More workers' compensation topics. Reporting suspected medical care provider fraud. Workers' compensation reference materials Libros de referencia de compensacion de trabajadores.
Doctors in California's workers' compensation system are required to provide evidence-based medical treatment. That means they must choose treatments scientifically proven to cure or relieve work-related injuries and illnesses. Those treatments are laid out in a set of guidelines that provide details on which treatments are effective for certain injuries, as well as how often the treatment should be given frequency , the extent of the treatment intensity , and for how long duration , among other things.
To comply with the evidence-based medical treatment requirement, the state of California has adopted a medical treatment utilization schedule MTUS. The Division of Workers' Compensation also has a committee that continuously evaluates new medical evidence about treatments and incorporates that evidence into its guidelines.
Work comp: Who needs workers' compensation coverage? No minimum employees There is no minimum number of employees an employer must have before insurance is required; therefore, an employer with only one part-time employee generally must provide coverage. What are employees? Guide to state laws about workers' compensation A guide to Minnesota's laws about workers' compensation insurance for construction contractors -- Attention construction contractors: What you don't know can hurt you If you have questions about the need to obtain workers' compensation coverage, contact DLI's Alternative Dispute Resolution unit at or How to obtain workers' compensation coverage Workers' compensation insurance in Minnesota may be purchased through an insurance agent or directly from an insurance company.
Report a business that does not have workers' compensation coverage To report a business that does not have workers' compensation coverage, you do not need to give your name.
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