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Who is Exempt from Workers Compensation?

OnDemand Webinar (88 minutes)

Gain a better understanding of how potential claims can be exempt from workers' compensation.Many work related injury claims are categorically ineligible for benefits under the workers' compensation system. However, there is a difference between a claim that "exempt" from workers' compensation and a claim where a "defense" is applicable. This topic will help those responsible for assessing work related injury claims to identify a claim that is potentially categorically exempt from the workers' compensation system and how to explore the relevant facts. Each state has its' own unique workers' compensation system and statutory provisions but there are common concepts that will be discussed. Specific examples by state will be covered so an interested party can be alerted to the most common red flags.


Weston S. Montrose, Esq., Arizona Injury Law Group, PLLC


Overview of Workers' Compensation System

• Employee Remedies Before Workers' Compensation - Economic Theory Behind Workers' Compensation System

• Principle of Compromise Between Employers and Employees

• No Fault System in Exchange for Exclusive Remedy

• Each State Has Similar but Independent System

Potential Exemptions From the Workers' Compensation System

• Exemption From System Defined and Contrasted With Defenses to a Claim

• Independent Contractors

• Domestic Servants

• Casual Labor

• Opt out Provisions

• Uninsured Employers

• Developments in the Gig Economy

• Volunteers

• Undocumented Workers

• Business Owners (Partnerships, Limited Liability Companies, Shareholders)

• Workers From Another State

• Statutory Exemptions (Examples: Motion Picture Exemption, Licensees)

Remedies for Injured Worker Not Covered by Workers' Compensation

• Tort Damages: Employer and/or Third Parties

• Common Law Elements of Negligence

• Common Law Defenses Available to Employer