Understanding Workers’ Compensation Requirements for Employers of H-2A Workers

By Samantha Capaldo

Introduction

Crop and animal production can be an inherently dangerous field, with the Bureau of Labor Statistics estimating, in 2024, over 23,000 nonfatal injuries and approximately 300 fatal injuries associated with the industries. Workers’ compensation is a type of insurance coverage purchased by employers that compensates employees when they get injured while working. State law generally dictates which employers are required to obtain workers’ compensation, with varying requirements across the country. Some states like Alabama, Georgia, and Tennessee exempt employers of farm laborers from the state workers’ compensation requirements. Other states like Maryland and Florida only require some agricultural employers to purchase workers’ compensation policies.

While the state normally determines which employers are required to purchase workers’ compensation, the federal government has weighed in when employers utilize federal programs like the H-2A visa program. Under the H-2A program, employers are required to purchase workers’ compensation coverage regardless of state law requirements or exemptions. The H-2A program is jointly administered by three federal agencies – U.S. Department of State, U.S. Department of Labor (DOL), and U.S. Citizenship and Immigration Services. The H-2A program is authorized under the Immigration and Nationality Act.