Who is Covered by Worker's Comp?

Workers' compensation law covers almost all employers. Each state law is different, and a few states exempt employers with fewer than three, four or five employees from workers' comp requirements. Even those employers, however, may have insurance to protect them from a lawsuit if an employee gets injured on the job.

All employees are covered, including part-time employees and minors. However, independent contractors are not covered, and most states do not cover volunteers. Other employees commonly not covered under state workers' comp law include:

• sole proprietors and partners;
• members of the employer's family who live with the employer;
• some maritime employees, railroad workers and federal employees covered by federal law;
• some agricultural workers;
• people who work at home;
• employees who work only occasionally; and
• part-time housekeepers in private homes.

If an employer does not have workers' comp, you can sue the employer for negligence or try to work out a settlement for damages.