Coverage for Farm Workers: Required (with limitations)

Limitations: The only agricultural employers that must provide workers' compensation are those with 3 or more regular employees paid hourly wages or salaries (not piece work) who are employed 35 or more hours per week by that same employer for 13 or more consecutive weeks during the preceding 52 weeks. Coverage is only required for those regularly employed employees. Agricultural employers who employ 1 employee for 35 hours or more a week for at least 5 weeks must provide medical and hospital benefits for those employees (but not income replacement).

Statute: Mich Comp. Laws § 418.115(d) (2012)

Coverage for Undocumented Workers: Yes

Case Law: Mich. Comp. Laws § 418.161(1)(l) (including "aliens" in the definition of "employee", but saying nothing about unlawful employment). Sanchez v. Eagle Alloy Inc., 658 N.W.2d 510 (Mich. Ct. App. 2003) (holding that undocumented aliens are employees under workers' comp law, but that use of false documents to obtain employment constituted "commission of crime" and therefore suspended employee's weekly wage-loss benefits).

Benefits Available for Undocumented Workers: Undocumented workers are not eligible for weekly wage-loss benefits, but they may receive compensation for medical treatment. Sanchez v. Eagle Alloy Inc., 658 N.W.2d 510, 518, fn6 (Mich. Ct. App. 2003).