What Are the Rules for Collecting Workers' Compensation?


Quick Answer

To be eligible for worker’s compensation for injury or illness, both employer and employee must be covered by worker’s compensation, states Nolo. The injury or illness in reference must be related to work.

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What Are the Rules for Collecting Workers' Compensation?
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Full Answer

These rules do not apply to everyone since there are special rules for certain employees, depending on the nature of work and type of employment. Worker’s compensation does not extend to agricultural workers but can apply to other people working on farms, such as horse trainers, who are not considered farm workers, explains Nolo. If an employee is loaned or leased to an employer by an agency, then it is the responsibility of the agency and not the employer to provide worker’s compensation.

Some states do not require employers to cover season or casual workers. These types of workers are defined by the fact that they only work seasonally or intermittently. A number of states, such as California and Florida, recognize the eligibility of undocumented workers for worker’s compensation. Others, such as Idaho and Wyoming, do not recognize their eligibility, while states such as Colorado have left the matter for the courts to deal with, as they have not devised a clear rule themselves, states Nolo.

Federal government employees are categorized differently and do not depend on rules from states to determine their eligibility; the federal government has devised its own system of worker’s compensation, Nolo explains. Interstate railway workers and crew members on vessels cannot claim eligibility for worker’s compensation, states AllLaw.

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