I often have clients who worry that their employer might not have workers’ compensation insurance. They aren’t sure what the requirements are for their employers. So it’s not uncommon that I get the question, “Is my employer required to have workers’ compensation insurance?”

Nine times out of ten the answer is a resounding YES! Generally, any employer who regularly employs four or more workers (either full-time or part-time) is required to have workers’ comp insurance and is not allowed to opt out of this requirement.

There are a few exceptions, however, and they are:

  • Agricultural employees
  • Railroad and Railway express companies and their employees
  • Textile Hall Corporation
  • Certain commission paid real estate agencies
  • Employers who had a total annual payroll of less than $3,000 in the previous year

Although these employers are not required to carry workman’s comp insurance, any employer may purchase coverage. Therefore, regardless of who your employer is, it is always worth asking them if they carry workers’ comp insurance. You may find that you are in fact covered.

If you have specific concerns as to whether or not your employer should be carrying workers’ compensation insurance, don’t hesitate to ask an attorney. An experienced attorney, such as those at Oxner + Permar will be able to tell you specifically whether or not if you should be covered.

Chances are your employer is required to have workers’ compensation insurance. Make sure your employer is obeying the law and that your rights are being protected.