Product Update

Summary of State Workers Compensation Laws in Construction Risk Management


Workers compensation laws differ dramatically across states. For example, some states permit waivers of subrogation, and some do not. Some states permit contractors to self-insure workers compensation benefits, while others do not. Some states allow partners, members, or executive officers to opt out of the workers compensation system, while in other states, these individuals must opt-in instead of opting out. These are but a few of the differences that exist in state workers compensation statutes.

This release of Construction Risk Management updates the Workers Comp—State Laws section. It outlines key elements of state workers compensation statutes as they pertain to the construction industry and summarizes states positions on each issue in easy-to-read charts. Items discussed include covered and exempt employments, allowable methods of securing payment of benefits, treatment of independent contractors, waivers of subrogation, injuries not covered, employee leasing, extraterritorial application, occupational disease, and more.

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