Workers’ compensation provides compensation, medical benefits, and other types of coverage for workers who are injured on the job. Qualifying for workers’ compensation in Washington, D.C. requires meeting certain rules. Not everyone who gets hurt at work is automatically eligible. Here are the main requirements you’ll need to satisfy:
Your Employer Must Carry Workers’ Comp Insurance
Almost all employers in D.C. are legally required to have workers’ compensation coverage. If your company is uninsured but should have coverage, they face serious penalties and you likely still have legal options.
You Must Be an “Employee” Under D.C. Law
Workers’ comp protections generally apply to regular employees, not independent contractors. However, some 1099 workers are misclassified, which employers sometimes do as a way to avoid providing benefits to workers.
If you take daily direction from your employer, they set your hours, and dictate how you complete your work, you may be misclassified and qualify for coverage even without an employee label.
The Injury Must Arise “Out of and in the Course of Employment”
Your injury needs to have a clear tie to your work duties or tasks performed for your employer’s benefit. Some examples of injuries that qualify include:
- On-site injuries: Slipping on work floors or being involved in machinery accidents at your normal job location.
- Off-site injuries: Getting hurt while making deliveries, driving to a meeting, or traveling for employer-required business, as long as you’re doing something work-related.
- Repetitive stress injuries: Cumulative trauma like carpal tunnel syndrome, back problems, or hearing loss from work duties that cause gradual onset injuries.
- Occupational illnesses: Medical conditions like lung problems from asbestos, chemical exposure, or job-related infections.
- Mental health conditions: Severe work-related stress or work trauma resulting in diagnosable conditions can sometimes qualify, though these cases face stricter standards.
Eligibility is not always straightforward, and insurers may challenge your claim.
Who is NOT Covered By Workers’ Compensation?
Some workers in Washington, D.C. are not covered by the standard workers’ compensation system, either because of their job type or how the law defines their role. Their actions during the time they were injured could also disqualify them.
Independent Contractors
Genuine freelancers or contractors, where the person sets their own hours, provides their own tools, and controls the work process, generally aren’t entitled to workers’ comp.
Some Domestic Workers
Live-in housekeepers or domestic caregivers who only work part-time may be excluded from coverage by certain D.C. statutes and may not be eligible for benefits.
Longshore and Harbor Workers/Transportation Professionals
Maritime, waterfront, railroad, or airline industries fall under distinct federal laws, such as the Longshore and Harbor Workers’ Compensation Act, so typical D.C. workers’ comp doesn’t apply.
Commuting to and From Work
Any injuries you sustain while driving to and from work are typically not covered by this policy.
Injured While Under the Influence
Accidents or harm occurring while you were under the influence of drugs or alcohol can disqualify you from benefits.
Horseplay or Fighting
If you’re injured while horseplaying or fighting, even if you’re on duty, you likely won’t qualify for benefits.
Intentional Self-Harm
If you intentionally injure yourself for any reason, you won’t qualify for workers’ compensation coverage.
Before assuming you’re disqualified, review all aspects of your job and how your injury happened. If you think you are being wrongly denied workers’ comp or don’t understand your status, speak with an experienced workers’ compensation attorney right away. Contact us today to schedule a free consultation and discuss your options.