Workers' compensation laws may vary from state to state, but there are three basic criteria that typically must be met for a person to qualify for workers' compensation, as described by NOLO. Among the requirements is the provision that the person seeking workers' compensation must have been injured while performing her job or doing job-related tasks. Claimants cannot seek workers' compensation for injuries that are not related to job performance.
Additionally, the claimant's employer must be in possession of a workers' compensation insurance policy. However, even if the employer does not currently have such a policy, if the injury takes place in a jurisdiction in which the employer is legally required to have workers' comp insurance, the claim may still go through. The legal requirement to have this type of insurance is one of the factors that determines compensation eligibility. Not all states require employers to hold workers' compensation insurance policies, so business owners should familiarize themselves with their local laws on this subject.
Finally, individuals may only seek workers' compensation from their employer, and the claimant must be an active employee at the time of the injury. Both businesses and individuals may be required to pay workers' compensation if their employee meets all of the eligibility requirements, according to NOLO.