Workers' comp insurance provides benefits to employees for workplace injuries without requiring them to prove their employer did anything wrong. The coverage pays for doctor visits and treatment, replaces part of an employee's paycheck during recovery and supports their return to work. While it protects businesses from injury-related lawsuits and gets injured workers the help they need quickly, specific rules determine what's covered, such as what counts as work-related and who qualifies for coverage.

Use this guide to know:

How Does Workers' Comp Insurance Work?

Workers' comp policies cover injuries that happen during the policy period, regardless of when claims are filed. An injury from January can be reported in March and still be covered, though most states require reporting within 30 to 90 days.

Your state's workers' compensation schedule acts as a benefits calculator that determines what injured employees receive. When an employee files a claim, the schedule looks at two factors: how serious the injury is and the employee's average weekly wage. These factors determine benefit amounts for medical treatment, wage replacement and other costs.

Here's an example: A construction worker earning $1,000 per week suffers a back injury that keeps them from working for three months. The benefits would be calculated this way:

  • The state assigns a disability rating based on how severe the injury is and how it affects their ability to work
  • Most states replace 60-70% of their average weekly wage, so they'd receive $600-$700 per week during recovery
  • The schedule determines how long benefits continue based on whether the disability is temporary or permanent

Benefit amounts are set by state law, not negotiated case-by-case. Your insurer processes the claims and pays benefits according to your state's schedule under Part A (workers' compensation coverage). The exception is Part B (employers' liability coverage), where you choose limits that cap lawsuit-related payouts.

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WHO IS CONSIDERED AN EMPLOYEE?

Coverage applies automatically to eligible employees once the policy is active, but not everyone who works for your business is considered one. Employees are typically people whose work you direct and control: you set their hours, provide tools, and determine how tasks get done. Independent contractors (1099 workers) usually control their own schedule and methods, so your policy often doesn't cover them.

If you're unsure about someone's status, check with your insurer before assuming they're covered. Misclassifying workers can leave you liable for injuries or facing penalties.

What Does Workers' Comp Insurance Cover?

Workers' comp policies are divided into parts that cover different aspects of workplace injuries and your legal responsibilities. Part A provides benefits to injured employees, Part B protects your business from lawsuits, and Part C extends coverage when employees work in multiple states. Understanding these three parts helps you verify your policy matches your business risks and identify any gaps in coverage.

Part A: Workers' Compensation Coverage

Part A covers medical care, lost wages, rehabilitation, and death benefits for employees injured or made ill by their job.

Medical expenses
Doctor visits, hospital stays, surgery, prescriptions, medical equipment and ongoing treatment
A warehouse worker breaks their arm lifting boxes and needs emergency care, surgery, and physical therapy
Disability benefits
Partial wage replacement (typically 60-70% of average weekly wage) for temporary or permanent disability
A construction worker injures their back and can't work for eight weeks, receiving weekly payments
Rehabilitation services
Physical therapy, occupational therapy, vocational retraining if the employee can't return to their previous role
An office worker develops carpal tunnel and needs therapy plus job retraining for a different position
Death benefits
Funeral expenses and ongoing financial support for dependents if work-related injury or illness causes death
A delivery driver dies in a work-related accident; their family receives funeral costs and income support

Part B: Employers' Liability Coverage

Part B, also called employers' liability, protects your business when employees or third parties sue you for workplace injuries that fall outside Part A coverage.

Employee lawsuits
Legal defense and settlements when employees sue for injuries not covered by Part A
An employee claims their injury was caused by intentional negligence and sues outside the workers' comp system
Third-party claims
Defense costs when someone outside your business sues you over an employee's injury
A contractor's spouse sues your business claiming loss of consortium after their partner's workplace injury
Dual-capacity claims
Protection when you're sued in a role beyond just being an employer
A manufacturing employee sues you as the product manufacturer (not just employer) after a workplace injury

Part C: Other States Insurance

Part C extends your workers' comp coverage to states not listed on your base policy. This matters if you have remote employees, send workers to job sites in other states, or expand operations beyond your original location.

Multi-state operations
Work-related injuries in states where you have employees but aren't listed on your base policy
A Texas-based company wins a project in Louisiana; Part C covers employees injured on that job site
Remote workers
Injuries to employees who live and work in states different from your business location
A California company hires a remote accountant in Arizona who gets injured while working from their home office
Temporary assignments
Coverage when you send employees to states not originally listed on your policy
A consulting firm sends employees to a three-month client project in a state where they don't normally operate

What Does Workers' Comp Insurance Not Cover?

Workers' comp doesn't cover every employee injury or illness. Policies often exclude injuries that aren't truly work-related, situations involving employee misconduct, or cases where the injury's connection to work is unclear. We've outlined the scenarios your workers' comp insurance might not cover so you can recognize when a claim might be denied:

  • Non-work-related injuries: Injuries that happen outside work hours, off company property, or during personal activities, even if the employee was on the clock
  • Intoxication-related injuries: Injuries occurring when an employee is under the influence of drugs or alcohol, especially if intoxication contributed to the injury
  • Employee misconduct: Intentional self-harm, fabricated or exaggerated claims, injuries during criminal activity, or injuries from fighting and horseplay unrelated to work duties
  • Location and timing gray areas: Commuting to and from work usually doesn't qualify unless you're traveling between job sites or using a company vehicle. Injuries during breaks depend on whether you were on premises and whether the activity benefited your employer. Remote work injuries depend on whether the injury happened during work hours, in a designated workspace, and while performing job duties.
  • Medical complexity cases: Pre-existing conditions that work may have aggravated and gradual-onset injuries like repetitive stress or occupational illnesses both require proving work was the primary cause.
  • Independent contractor misclassification: If someone classified as a contractor is later deemed an employee, coverage becomes complicated

What Is Workers' Comp Insurance Used For?

Workers' comp serves three main business purposes: meeting legal requirements, protecting your finances from unpredictable injury costs, and creating a structured process for handling workplace injuries. Use these purposes to help you determine whether workers' comp applies to your situation and why it might be necessary for your operations.

Workers' Comp Insurance for Small Business: Bottom Line

Workers' comp handles work-related employee injuries and keeps you legally compliant, but it excludes situations like non-work incidents and employee misconduct and doesn't cover broader business risks like customer injuries or professional errors. Think of it as your baseline employee injury protection that handles legal compliance and core injury costs, with gaps you'll address through documentation, claims management or additional coverage.

Workers' Comp Insurance: TLDR FAQ

These quick answers address the most common questions about workers' comp insurance coverage and requirements:

How does workers' comp insurance work, and what makes it different from other policies?

Who is considered an employee for workers' comp coverage purposes?

What does workers' comp insurance cover for injured employees (Part A benefits)?

What does workers' comp insurance cover for lawsuits and legal exposure (Employers' Liability / Part B)?

What does workers' comp insurance typically not cover, and when might a claim be denied?

Workers' Comp Insurance: Next Steps

Understanding how workers' comp works and what it covers helps you evaluate whether you need it and what to look for in a policy. Use these resources to check whether workers' comp is required for your situation and understand your state's specific requirements:

If you want to read more about workers’ comp insurance:

If you want to explore cost estimates:

If you want to explore other coverage types:

About Angelique Palenzuela-Cruz


Angelique Palenzuela-Cruz headshot

Angelique Palenzuela-Cruz is a Content Writer at MoneyGeek specializing in business insurance. She focuses on general liability, workers' compensation and professional liability coverage, helping small business owners cut through policy jargon and understand what they're actually buying.

Angelique has spent over five years reporting on personal finance, with deep experience in both insurance and lending markets. Her psychology background also gives her a unique understanding of how people actually process difficult financial decisions, allowing her to meet readers where they are, simplify complex concepts and build decision making frameworks that give them confidence. Whether you're learning about policies, comparing providers or trying to figure out requirements, Angelique does the legwork, digging into regulations, analyzing policy language and testing her explanations against agent-level standards so you get straight answers without fluff.


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