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What Is Workers' Compensation Insurance?

Federal & State Law Editorial TeamLast reviewed: 2025-10-28

Workers' compensation insurance provides benefits to employees who are injured or become ill due to their job. It is a legal requirement for most employers.

Who must carry it. Nearly every state requires employers to have workers' compensation insurance. Requirements vary:

  • Most states require coverage with 1 or more employees.
  • Some states exempt businesses with fewer than 3-5 employees.
  • Texas is the only state where coverage is optional for most private employers.
  • What it covers:

  • Medical expenses related to the workplace injury or illness
  • A portion of lost wages during recovery (typically 60-70%)
  • Rehabilitation and retraining costs
  • Disability benefits (temporary and permanent)
  • Death benefits for dependents
  • How to obtain coverage:

  • Purchase through a private insurance company
  • Through your state's workers' compensation fund (some states require this)
  • Self-insurance (available to large employers who meet financial requirements)
  • Cost factors. Premiums are based on your industry, payroll size, claims history, and state rates. High-risk industries (construction, manufacturing) pay more than low-risk ones (office work).

    Penalties for non-compliance:

  • Fines (often $1,000+ per day of non-compliance)
  • Criminal charges in some states
  • Personal liability for employee injuries
  • Stop-work orders
  • Inability to bid on government contracts
  • The exclusive remedy. Workers' compensation is generally the exclusive remedy for workplace injuries, meaning employees typically cannot sue their employer for negligence in exchange for guaranteed benefits.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • An employee has been seriously injured on the job
    • Your workers' compensation claim has been disputed
    • You need help understanding your state's requirements
    Related Statutes & Laws
    • State workers' compensation statutes

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.