Worker's compensation policy took hold in United Sates in 1911, when Wisconsin became the first state to develop a system that focused on compensating injured workers without the need to resort legal action. This law was rapidly adapted by other states to ensure that workers should receive prompt medical attention and reasonable compensation for injuries while they were on job. Employers and employee both embraced this new policy as it reduced the odds of lawsuits and uncertain financial consequences. However, there are certain workers and jobs that aren't covered under worker's compensation policy due to different reasons.
Here's a list of all such exceptions that aren't covered under worker's compensation:
This is because someone who's volunteering charitable work at a non-profit organization is not considered as employees as they aren't covered under worker's compensation insurance. Still if the organization has purchased the worker's compensation insurance, their volunteers will be covered under this. Firefighters, police officers and any volunteers assisting them in an emergency are some exception to this general rule.
Sole Proprietors and Partners
In most of the states, business partners, business owners and sole proprietors aren't covered by their company's worker's compensation insurance. In some states, they may elect to be covered under this policy if they are paying the worker's compensation premium.
Employers are not required by state law to purchase coverage for independent contractors. However, an employee is covered by worker's compensation. Therefore, the distinction that whether a worker is an employee or an independent contractor matters greatly when a worker is injured on the job. Many employers try to classify an injured worker as independent contractor to avoid paying them compensation.
Federal Employees and Longshoremen
Railroad employees, federal employees and longshoremen don't receive worker's compensation benefits through typical state-run worker's compensation program though they receive it through different systems. There are several other systems like Federal Employee's Compensation Act, Federal Employer's Liability Act, Harbor Workers' Compensation Act, and many more like these to assist federal employees, railroad workers or longshoremen to claim their worker's compensation amount.
Many state laws have excluded some specific employment from worker's compensation coverage. Here's a list of them.
- Part time domestic workers, such as maids and nannies
- Intermittent workers performing very little work in the course of the year
- Taxi drivers and agriculture workers
These are some of the jobs which are excluded by state laws from worker's compensation policy.
If you are injured on a job and unsure whether you are covered under a worker's compensation or not, consult a worker's compensation lawyer.