If you regularly employ less than five (5) employees, full-time or part-time and including officers of a corporation in any one business, other than the business of constructing or assisting on-site in the construction of new single-family, detached residential dwellings, the Alabama Workers' Compensation Law does not require you to have workers' compensation insurance coverage. Employers of domestic employees, farm laborers, or casual employees and municipalities having a population of less than 2,000 (according to the most recent federal census) are not required to provide coverage but can elect to be covered by the provisions of the Alabama Workers' Compensation Law.
Why should you have workers' compensation coverage?
- It is required by law.
- It is the exclusive remedy for on-the-job injury and occupational disease.
- Having coverage enables you to have limited civil liability, avoid double compensation, and avoid penalties and fines.
Alabama's Workers' Compensation Law provides significant and valuable benefit to both employer and employee. The employee is guaranteed a "benefit certain" in the event of an on-the-job injury or occupational disease. The employer pays for this insurance. The employer is protected by the "exclusive remedy" provisions of the Law. This means that an injured worker is entitled only to the benefits required by law, thus the employer's liability is limited.
The Alaska Workers' Compensation Act requires each employer having one or more employees in Alaska to obtain workers' compensation insurance, unless the employer has been approved as a self-insurer by the Alaska Workers’ Compensation Board.
Business Owners and Entity/Agency Officials as Employees
The following business owners/executives are exempt from having to insure themselves for workers’ compensation liability:
- Sole proprietor of a sole proprietorship;
- Partners in a partnership;
- Members of a limited liability company;
- Executive officers of municipal, religious, and legally registered nonprofit corporations are not considered to be employees unless the corporation specifically elects to cover them; and
- Executive officers of for-profit corporations are considered employees who must be insured unless they obtain an Executive Officer Waiver from the Alaska Workers’ Compensation Division.
All entities listed above must still maintain workers’ compensation coverage for employees, including family members and friends.
There are few exceptions to those who must be covered under a workers' compensation policy. There are no exemptions for types of businesses. All exemptions are based on type of work performed by individuals. Generally speaking, those include:
- Part-time baby-sitters;
- Cleaning persons (non-commercial);
- Harvest help and similar part-time/transient help (call division to discuss specific situations);
- Sports officials for amateur events;
- Contract entertainers;
- Commercial fishers as defined in AS 16.05.940;
- Taxicab drivers under specific contractual arrangements;
- A participant in the Alaska temporary assistance program engaged in work activities required under AS 47.27.035;
- Professional hockey team players and coaches if those persons are covered under a health care insurance plan;
- Qualified real estate licensee under specific contractual arrangements; and
- Persons defined as transportation network company drivers.
Other Special Provisions Set Out in Statute
- High school students in work-study programs are covered under the Act as employees of the state;
- Volunteer emergency medical technicians are covered under the Act as employees of the state;
- Special public safety officers appointed by the Commissioner of Public Safety are covered under the Act as employees of the state;
- Members of state boards and commissions are covered under the Act as employees of the state;
- Volunteer fire fighters are covered under the act as employees of the local fire department;
- Individuals engaged in civil defense or in disaster relief functions in Alaska are covered under the Act as employees of the state; and
- Individual members of the Alaska State Defense Force who have been called into active duty, per AS 26.05.070, are covered under the Act as employees of the State.
INSURANCE IF I HAVE ONLY ONE WORKER OR PART-TIME
If an employer regularly hires workers in its customary business then the
employer is required to carry workers’ compensation insurance
regardless of the number of workers they have, whether those workers
are part-time, full-time, minors, aliens, or family members. Workers’
compensation insurance is not required for an independent contractor, or
a worker whose employment is both casual and not in the usual business
of the employer. Also, workers’ compensation insurance is not required
for a domestic servant who works in your home.
(a) in which three (3) or more employees are employed by the same employer;
(b) in which two (2) or more employees are engaged in building or building repair work;
(c) in which one (1) or more employee is employed by a contractor who subcontracts any part of his contract;
(d) in which one (1) or more employee is employed by a subcontractor.
2. In order to arrive at the above number, employee is defined to include, but is not limited to, an owner, a sole proprietor, a partner or
partners who devote full-time to the partnership, a full-time employee, a part-time employee, and a volunteer.
3. It is a felony for any employer or contractor to compel any employee or sub-subcontractor to pay for, or
contribute to, workers’ compensation insurance coverage.
4 It is a felony for any employer or contractor to compel any employee or sub-contractor to obtain a
Certificate of Non-Coverage.
5. Address below must be the applicant’s OWN business or home address, NOT address of company to whom the applicant is contracting
or for whom the applicant is doing a project.
6. Any questions or comments may be referred to your workers’ compensation insurance agent or the Arkansas
Workers’ Compensation Commission.
a toll-free WATS telephone line (1-800-223-WORK).
The purpose of filing an exemption is for an officer of a corporation or member of a limited liability company to exclude themselves from the workers' compensation laws. Upon issuance of a Certificate of Election to be Exempt, the officer or member is not an employee and may not recover workers' compensation benefits.
In order to apply for or renew an exemption from workers' compensation law, the exemption applicant must complete and submit a Notice of Election to be Exempt application online to the Florida Division of Workers' Compensation.
- Iowa companies
- Companies with employees who work in Iowa
- Companies who conduct business in Iowa
- Companies (or individuals) adjusting Iowa workers' compensation claims.
Depending on the circumstances, options may be available for:
• non-covered employers – e.g., those with payrolls of $20,000 or less or in certain agricultural
• corporate employees owning 10 percent or more of stock;
• individuals, proprietors or partnerships;
• employers seeking coverage for volunteers and other non-covered workers; and
• volunteer directors, officers or trustees of a nonprofit organization.
recover the amount of such compensation paid and necessary expenses from
the subcontractor primarily liable therefor.
In Massachusetts under MGL c. 149, § 148B, workers are presumed to be employees. An employer who wants to treat someone as an independent contractor has to show that work:
- Is done without the employer’s direction and control
- Is performed outside the usual course of the employers business
- Is done by someone who has their own, independent business or trade doing that kind of work.
The Workers’ Disability Compensation Act (WDCA) requires that employers that meet the following criteria must carry workers’ compensation insurance:
a. All private employers regularly employing 1 or more employees 35 hours or more per week for 13 weeks or longer during the preceding 52 weeks.
b. All private employers regularly employing 3 or more employees at one time. (This includes part-time employees.)
c. Agricultural employers if they employ 3 or more employees 35 hours or more per week for 13 or more consecutive weeks.
d. Householders employing domestic servants if they employ anyone 35 hours or more per week for 13 weeks or longer during the preceding 52 weeks.
e. All public employers
An employee is any person in the service of another, under any contract of hire, express or implied. A partner is considered an employee of the partnership, a corporate officer is considered an employee of the corporation, and a member who is a manager is considered an employee of a limited liability company.
Most working Mississippians are protected by the Workers' Compensation Law, but there are exceptions. All employers with five (5) employees regularly employed are required to provide workers' compensation insurance coverage. If the employer has less than five (5) employees, workers' compensation coverage is not mandatory but may be provided voluntarily by the employer. Domestic and farm labor, and employees of non-profit fraternal, charitable, religious or cultural organizations are not covered under the Law unless coverage is provided voluntarily by the employer. The Workers' Compensation Law likewise does not apply to federal employees or certain transportation and maritime employments covered by federal compensation laws. Finally, independent contractors
are ordinarily excluded from coverage although special protection is given to employees of subcontractors.
most types of employment. If you are injured on the
job, you may be eligible for workers’ compensation Workers' comp insurance from Montana State Fund provides, without regard to fault, wage-loss benefits and medical benefits to a worker suffering from a work-related injury or occupational disease. All businesses in Montana with employees are required by law to have workers' compensation insurance.
The State Risk Manager is responsible for the management of workers' compensation claims made by employees of the State of Nebraska. Workers' compensation for state employees is subject to the same rules and procedures as workers' compensation for employees of private companies.
Workers' compensation is designed to provide benefits to workers who suffer injury or disease in the course of and as a result of their employment. An injured worker may receive indemnity benefits and/or medical benefits. In some situations, workers will be eligible for vocational rehabilitation.
Virtually all employers in New York State must provide workers' compensation coverage for their employees. Employers must post notice of coverage in their place(s) of business. Employers must cover the following workers for workers' compensation insurance:
- Workers in all employments conducted for-profit. Part-time employees, borrowed employees, leased employees, family members and volunteers working for a for-profit business must also be covered under the Workers' Compensation Law;
- Employees of counties and municipalities engaged in work defined by the law as "hazardous";
- Public school teachers, excluding those employed by New York City, and public school aides, including New York City;
- Employees of the State of New York, including some volunteer workers;
- Domestic workers employed forty or more hours per week by the same employer, including full-time sitters or companions, and live-in maids (see Domestic Workers)
- Farm workers whose employer paid $1,200 or more for farm labor in the preceding calendar year(see Farms)
- Any other worker determined by the Board to be an employee and not specifically excluded from coverage under the WCL (WCL §3 Groups 1-14-a and 18);
- All corporate officers if the corporation has more than two officers and/or two stockholders (WCL §54 ) (see Corporate Officer Coverage Requirements);
- Officers of one-or-two person corporations if there are other individuals in employment. These officers may choose to exclude themselves from coverage (WCL §54 ) (see Corporate Officer Coverage Requirements); and
- Most workers compensated by a nonprofit organization (WCL §3 Group 18) (see Nonprofit Organizations).
Volunteer Firefighters and Volunteer Ambulance Workers are provided benefits for death or injuries suffered in the line of duty under the Volunteer Firefighters' Benefit Law and Volunteer Ambulance Workers' Benefit Law.
All employers with one or more employees must carry workers compensation coverage. It's the law. However, Ohio law makes coverage optional for owners or ministers in one of the following categories:
- Sole proprietor;
- Limited liability company acting as a sole proprietor;
- Limited liability company acting as a partnership;
- Family farm corporate officers;
- Individual incorporated as a corporation with no employees;
- Ordained or associate ministers of a religious organization.
any employer that employs at least one employee.
workers full-time or part-time is required to have workers’ compensation insurance.
There is no law in South Dakota requiring any employer to carry workers’ compensation insurance. However, it is highly recommended. An uninsured employer may be sued in civil court by an injured worker.
Texas doesn’t require most private employers to have workers’ compensation insurance. However, private employers who contract with governmental entities must provide workers’ compensation coverage for the employees working on the project. Some contractors may require their subcontractors and independent contractors to have workers’ compensation insurance.
Employers may not charge employees for workers’ compensation coverage. There are exceptions for independent contractors and building and construction workers.
A business with more than two employees is required to carry workers’ compensation coverage. An employee is viewed broadly under workers’ compensation law and includes part-time, seasonal and temporary workers, minors, trainees, immigrants and working family members.
For a contractor or other business that hires subcontractors to assist in their trade, business or to complete a contract, the subcontractors’ employees are included when counting the total number of employees to assess when coverage is required. If the total of the contractor’s employees plus the sum total of subcontractors’ employees is more than two, then coverage is required.
Act and must carry a worker’s compensation insurance policy if the employer does one of the following:
1) The employer usually employs 3 or more persons full-time or part-time. This employer needs insurance immediately
upon employing a third person.
2) The employer has 1 or more full-time or part-time employees and has paid gross combined wages of $500 or more in
any calendar quarter for work done in Wisconsin. This employer must have insurance by the 10th day of the first
month of the next calendar quarter. There are 4 calendar quarters in a calendar year; the 1st quarter is January
through March, the 2nd quarter is April through June, the 3rd quarter is July through September; and, the 4th quarter is
October through December.
3) The farm (farmer) employs 6 or more employees at one or more locations on the same day for 20 days consecutive
or non-consecutive during a calendar year. A calendar year is January through December. This farmer must have
insurance within 10 days after the 20th day of employment. Some relatives of the farmer are not counted towards
the 6 employees, but will be covered under a policy if one is purchased.