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Who is not entitled to workers’ compensation?

As a worker in Minnesota, you may be wondering if you have the right to make a claim for workers’ compensation. In most cases, your employer will be required to provide such coverage, but there are exceptions. According to The Office of the Revisor of Statutes, the most notable exceptions to the workers’ compensation requirement are those covered by the Federal Employers’ Liability Act. These are not the only exempt employer’s, though.

If you work on a family farm or in a family business, which is owned and operated by a family member and is a sole proprietorship, then you also have no automatic rights to coverage. Some executive officers of smaller companies and workers for veterans groups also are exempt. Independent contractors are another group without coverage rights. Employers of household workers earning below a certain amount may also not be required to provide insurance. Small limited liability companies and nonprofits paying less than $1000 in wages per year are often not required by law to provide coverage either. Finally, those who have coverage under the Domestic Volunteer Service Act of 1973 are not covered under workers’ compensation.

In some situations, work done out-of-state or by out-of-state workers within the state may not be subject to the state’s laws regarding this insurance coverage. It is important to note that even if an employer is not required to have workers’ compensation insurance under the law, he or she may still opt to provide it, so you should always check with your employer about the actual status of your coverage. This information is only intended to educate and should not be interpreted as legal advice.

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400 Robert Street North Suite 1740
Saint Paul, MN 55101

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