Workers’ Compensation

Workers’ compensation is insurance that pays for medical care and part of your lost wages if you’re hurt or get sick because of your job, no matter who was at fault.

• All workers
• State-specific
• Florida
• North Dakota
• Ohio
• Texas
• Washington
• Wyoming

What it usually covers

• Medical treatment for the work injury or illness
• Part of your lost wages (often about two-thirds, up to a state maximum) while you can’t work
• Benefits for permanent injuries
• Vocational rehabilitation in some states
• Death benefits for families

In exchange, you generally can’t sue your employer for the injury. You may still be able to sue a third party, like an equipment manufacturer or another contractor.

What to do after a work injury

1. Get medical care. Tell the provider it happened at work.
2. Report the injury to your employer right away, in writing. States have deadlines, sometimes as short as a few days, and late reporting can hurt your claim.
3. Make sure your employer files the claim with its insurance carrier, or file it yourself with your state workers’ comp agency.
4. Keep copies of everything: medical records, forms, letters, and a list of missed workdays.
5. If your claim is denied, you can appeal. Many workers’ comp lawyers work for a percentage set by the state.

How states differ

• Every state runs its own system with different benefits, deadlines and rules.
• Texas is the only state where most private employers can choose not to carry workers’ comp (“nonsubscribers”). They must tell workers whether they have coverage.
• A few states (North Dakota, Ohio, Washington and Wyoming) run state-only insurance funds instead of private insurance.
• Some states require coverage for even one employee; others exempt very small employers. Florida requires construction employers with even one employee to carry coverage.
• Rules for subcontractors vary. In many states, the general contractor is responsible if a sub has no coverage.

Last updated: October 1, 2026