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Workers’ Compensation Law – Midwest States

06 Aug, 2025 WorkersCompensation.com

                               
StateCoverage RequirementEmployee EligibilityMedical Provider ChoiceWage Replacement %Death Benefit CapNotes
Illinois1+ employeesEmployees onlyEmployee chooses66 2/3% AWWFuneral up to $8,000 + dependentsBroadest coverage
Indiana1+ employeesEmployees onlyEmployer chooses66 2/3% AWWFuneral up to $7,500 + dependentsFarm/domestic exempt
Iowa1+ employeesEmployees onlyEmployee chooses80% of spendable earningsFuneral up to $7,500 + dependentsVolunteer firefighters covered
Kansas$20,000 payroll thresholdEmployees onlyEmployer chooses66 2/3% AWWFuneral up to $5,000 + dependentsSmall farms exempt
Michigan1+ employeesEmployees onlyEmployer chooses80% after-tax AWWFuneral up to $6,000 + dependentsSelf-insurance allowed
Minnesota1+ employeesEmployees onlyEmployee chooses66 2/3% AWWFuneral up to $15,000 + dependentsCovers farm/ag workers
Missouri5+ employees (construction = 1+)Employees onlyEmployer chooses66 2/3% AWWFuneral up to $5,000 + dependentsFarm/domestic exempt
Nebraska1+ employeesEmployees onlyEmployer chooses66 2/3% AWWFuneral up to $10,000 + dependentsCovers minors/apprentices
North Dakota1+ employeesEmployees onlyEmployer chooses66 2/3% AWWFuneral up to $10,000 + dependentsMonopolistic state fund
Ohio1+ employeesEmployees onlyEmployer chooses72% of gross (first 12 weeks), then 66 2/3%Funeral up to $5,500 + dependentsMonopolistic state fund
South Dakota1+ employees (not mandatory, elective)Employees onlyEmployer chooses66 2/3% AWWFuneral up to $10,000 + dependentsCoverage not mandatory
Wisconsin3+ employees (or $500+ payroll in 13 weeks)Employees onlyEmployee chooses66 2/3% AWWFuneral up to $10,000 + dependentsOldest state WC law

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