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I have been lightly researching this question for several years and am about to give it much more attention. The "exclusive remedy" laws were formulated in the early 20th century, and are antiquated by any standards. I have not found a state yet that does not have an "exclusive remedy" clause in their labor code. In other words, I believe all 50 states have this "escape from liability" for employers who carry workers compensation. However, not all states require employers to carry workers compensation. In these states the employers are able to "escape liability" if indeed they do carry workers compensation.

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14y ago
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14y ago

All states require WC, but there is some confusion because some have exemptions or because Texas makes the *insurance* voluntary. Texas is the only voluntary state. Even without coverage, the employer is responsible to the worker for job-related injuries and usually, injuries related to safe entering and exiting of the job site.

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13y ago

Washington and Kansas enacted the first constitutional workers' compensation laws effective March 14, 1911. They were followed by Nevada on March 24, 1911, New Jersey on April 4, 1911, California on April 8, 1911, New Hampshire on April 15, 1911 and Wisconsin on May 3, 1911. Wisconsin was the first law to go into effect (May 3, 1911), and Washington was the first compulsory law to go into effect (October 11, 1911).

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Q: Which states don't require workers compensation?
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