Certain sorts of workers and jobs aren't covered by workers compensation audit. The main categories of workers that aren't covered by traditional workers’ compensation are business owners, volunteers, independent contractors, federal employees, railroad employees, and longshoremen.
Business Owners, Sole Proprietors, and Partners
In most states, business owners, sole proprietors, and partners of companies aren't covered by their company’s workers’ compensation insurance. In other states, like Washington, business owners, sole proprietors, and partners may elect to be covered employees for purposes of workers’ compensation, if they pay the workers' comp insurance premiums.
Volunteers
Volunteers aren't considered employees then don't need to be covered by workers' compensation insurance once they do charitable work for a nonprofit organization, as long as they are unpaid (but they will receive food, transportation, or lodging). However, some organizations do purchase workers' comp insurance for his or her volunteers.
There are some exceptions to this general rule. For instance, volunteer firefighters and cops are covered by workers' compensation, as are any volunteers who are requested by a firefighter or policeman to help in an emergency.
Federal Employees, Railroad Employees, and Longshoremen
Federal employees, railroad employees, and longshoremen (dockworkers) receive workers’ compensation benefits through different systems than through the standard state-run workers’ compensation programs.
Federal employees, including postal workers, are covered by the Federal Employee’s Compensation Act (FECA). This act covers industrial injuries and occupational diseases.
Railroad workers are covered by the Federal Employers’ Liability Act, often mentioned because of the Railroad Workers Act. This act permits railroad workers not covered by their state’s workers’ compensation system to sue their employers for his or her industrial accidents. Benefits include medical treatment and lost wages, and may also include pain and suffering damages.
The Longshore and Harbor Workers’ Compensation Act governs workers’ compensation for longshoremen for injuries or occupational diseases occurring on the navigable waters and piers of us.
Attorneys specialize in these distinct workers’ compensation systems. If you're a federal employee, a railroad worker, or a longshoreman, you ought to retain a lawyer specializing in these areas to help you together with your workers’ compensation claim.
Independent Contractors
An independent contractor isn't covered by the workers’ compensation insurance of the individual paying the bill for the contractor’s work. An employee is covered by workers’ compensation. Thus, excellence matters greatly when a worker is injured on the work. The largest area of contention regarding covered workers for purposes of workers’ compensation is the issue of whether a worker is an employee or an independent contractor. Some employers will attempt to classify an injured worker as an independent contractor to undertake to avoid paying for his or her worker's compensation benefits. Learn more about determining whether a worker is an independent contractor or employer for workers' comp purposes.
Other Exceptions to Workers’ Compensation Coverage
Most state laws also list specific sorts of employment excluded from workers’ compensation coverage. Typical examples of excluded workers include:
- Part-time domestic workers, such as maids and nannies
- Part-time gardeners or maintenance workers employed within the home to perform specific work
- Intermittent workers performing little or no add the course of a year
- Taxi drivers, and
- Some agricultural workers.
If you're injured on the work and are unsure if you've got an employer (and thus coverage for workers’ compensation purposes), ask a workers' comp lawyer.
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