Workers’ Compensation Laws State-by-State – Benzinga

State State Employees’ Comp Division Employees’ Compensation Statute Coated Workers Individuals Not Coated Alabama Alabama Division of Labor Alabama Code §25-5-1 et seq. Most staff are coated. Home servants
Farm laborers
Informal staff
Workers of enterprise with lower than 5 folks
Licensed actual property brokers
Product demonstrators Alaska Division of Labor & Workforce Growth AS §23.30.005, et. seq Most staff are coated together with any particular person employed by the State or its political subdivision or an individual using a number of individuals in reference to a enterprise or trade carried on in Alaska. Half-time babysitters
Home servants
Harvest and comparable transient assist
Contract entertainers
Statutorily-defined taxi cab drivers
Statutorily-defined business fishermen Arizona Industrial Fee of Arizona Arizona Revised Statutes Annotated §§ 23-901, et seq Each particular person within the service of the state, any political subdivision or any particular person within the service of any employer topic to the employees’ compensation provisions is taken into account to be an worker. Informal staff or not within the common course of a commerce
Unbiased contractors Arkansas Arkansas Employees’ Compensation Fee Arkansas Code Annotated § 11-9-101 et seq Any particular person, together with a minor, whether or not lawfully or unlawfully employed below any contract of rent, written or oral, categorical or implied. Agricultural farm laborers
State staff
Informal staff
Inmates California Division of Industrial Relations California Labor Code Division 3, part 2700 via Division 4.7, part 6208 Each particular person within the service of an employer below any appointment or contract of rent or apprenticeship, categorical or implied, oral or written, whether or not lawfully or unlawfully employed. Home staff employed by his or her mother or father, partner or baby
Deputy sheriffs or deputy
clerks
Individuals performing companies in return for help or sustenance solely
Individuals officiating novice sporting occasions, together with intercollegiate or interscholastic sports activities occasions
Any particular person performing voluntary companies at or for a non-profit leisure camp
or as a ski patroller Colorado Division of Labor and Employment Colorado Revised Statutes §8-40-101, et seq Each particular person within the service of any particular person, affiliation of individuals, agency, or personal company, below any contract of rent, categorical or implied, together with aliens and in addition together with minors, whether or not lawfully or unlawfully employed. Inmates
VolunteersDrivers below a lease settlement with a typical service or contract service Connecticut Employees’ Compensation Fee Connecticut Normal Statutes Sections 31-275 via 31-355a, et seq Any one who has entered into or works below any contract of service or apprenticeship with an employer. Sole proprietor or enterprise companions
Unbiased contractors
Informal staff Delaware Division of Labor Delaware Code Annotated Title 19, §§ 2301-2397 Each particular person in service of any company, affiliation, agency or particular person below any contract of rent or performing companies for a invaluable consideration A partner and minor kids of a farm employer if they aren’t named in an endorsement to the farm employer’s contract of insurance coverage
Informal staff
Any particular person to whom articles or supplies are furnished or repaired, or adopted for
sale within the worker’s own residence, or on the premises not below the management or administration of the employer District of Columbia Division of Employment Providers District of Columbia Code Annotated §32-1501, et seq Each particular person, together with a minor, within the service of one other below any contract of rent or apprenticeship, written or implied An worker whose employer is an uninsured sub-contractor can assert a declare towards the overall contractor Florida Division of Monetary Providers Chapter 440, Florida Statutes, et seq. Each particular person within the service of any particular person, affiliation of individuals, agency, or personal company, below any contract of rent, categorical or implied, together with aliens and in addition together with minors, whether or not lawfully or unlawfully employed. Unbiased contractor (excluding the development trade)
Licensed actual property brokers
Bands, orchestras, and musical and theatrical performers, together with disc jockeys
Informal staff
Volunteers
Sure taxicab, limousine, or different passenger vehicle-for-hire drivers
Some sports activities officers Georgia Georgia State Board of Employees’ Compensation Official Code of Georgia Annotated §§ 34-9-1, et seq Workers of a enterprise that make use of three or extra staff and a few unpaid individuals might be thought-about staff below restricted circumstances. Rail frequent carriers engaged in interstate or intrastate commerce
Farm laborers
Home
servants
Licensed actual property salespeople or affiliate brokers
Unbiased contractors Hawaii Division of Labor and Industrial Relations Hawaii Revised Statutes, Chapter 386 Any particular person within the employment of one other particular person. Some exceptions for main and secondary contractors Idaho Industrial Fee Idaho Code § 72-101, et. seq. Any one who has entered into employment or who works below a contract of service or apprenticeship with an employer. Home servants
Informal staff
Pilots of agricultural spraying or dusting planes
Actual property brokers and actual property salesmen
Volunteer ski patrollers
Officers of athletic contests involving secondary
colleges Illinois Illinois Employees’ Compensation Fee 820 Illinois Compiled Statutes Annotated 305/1, et seq. Each particular person below the service of one other or below a contract for rent. Sure companies are thought-about “extra-hazardous” with all staff coated mechanically by legislation. Actual property brokers/salespeople on fee
Farmers
Jurors Indiana Employees’ Compensation Board of Indiana Ind. Code § 22-3-1-1 et seq. Each particular person, together with minors, contractors or apprenticeship, written or implied, besides one whose employment is each informal and never in the midst of commerce, enterprise, occupation, or career of the employer. Railroad engineers, firemen, conductors, brakemen, flagmen, baggage males
Foremen in control of yard engines
Workers of a fireplace or police division of any municipality who partake in a firefighter or police officer pension fund
Informal laborers
Farm or agricultural staff
Family staff Iowa Iowa Workforce Growth Iowa Code §85.1 et seq. All staff not particularly excepted are coated. Family staff incomes lower than $1,500 throughout 12 months previous to an damage
Informal staff incomes lower than $1,500 for 12 consecutive months previous to an damage
Agricultural staff the place the employer’s nonexempt money payroll is lower than $2,500 for the previous calendar yr
Kin of farm employer and employer’s partner
Officers of a household farm
Some officers of an organization Kansas Division of Labor Kansas Statutes Annotated §44-501 et seq Any one who has entered into the employment of or works below any contract of service or apprenticeship with an employer. N/A Kentucky Kentucky Labor Cupboard Kentucky Revised Statutes § 342.0011 et seq.; 803 Kentucky AdministrativeRegulations. 25:009 et seq. All individuals, together with minors, lawfully or unlawfully employed below any contract of rent; helpers, paid or not if employed with the data of the employer; company government officers; volunteer hearth, police, civil protection personnel or trainees and members of the Nationwide Guard on energetic obligation; newspaper sellers or distributors Home servants, if there are lower than 2 frequently employed in a personal house for 40 hours or much less per week
Upkeep, restore and comparable staff employed in a personal house if the employer has no different staff topic to staff’ comp Louisiana Louisiana Workforce Fee Louisiana Revised Statutes Annotated §23:1021 et seq.Louisiana Revised Statutes Annotated §33:2581 Most individuals in an employment setting together with all individuals within the service of the state, or a political subdivision or of any integrated public board, or below any appointment or contract of rent. Workers of personal residential family and personal unincorporated farms
Musicians and performers below contract Maine Employees’ Compensation Board Maine RevisedStatutes Annotated, title 39-A, or 39-A M.R.S.A. § 101 et seq. Each particular person within the service of one other below any contract of rent, expressed or implied, oral or written. Unbiased contractors
Individuals engaged in maritime employment coated below admiralty legislation
Sure agricultural staff Maryland Employees’ Compensation Fee Maryland Code Ann., Lab & Empl. §9-101 (2014) et seq.; Code of Maryland Laws(COMAR) Title 14, §09.01.01 et seq. Any common payroll worker is a coated worker whereas within the service of an employer Unbiased contractors
Numerous different individuals employed Massachusetts Government Workplace of Labor and Workforce Growth Massachusetts Normal Legal guidelines, Chapter 152 Any particular person within the service of one other below any contract of rent, categorical or implied, oral or written. Masters of and seamen on vessels engaged in interstate or overseas commerce
Individuals employed to take part in organized skilled athletics
Actual property brokers and different salespeople engaged on fee solely
Individuals employed by an employer engaged in interstate or overseas commerce however solely as far as the legal guidelines of america present for compensation Michigan Division of Licensing and Regulatory Affairs Michigan Compiled Legal guidelines Annotated 418.101-941 Any worker within the service of one other, below any contract of rent. Exclusions for smaller employers
Some agricultural staff and home staff and actual property brokers or brokers Minnesota Division of Labor and Trade Minnesota Statutes Annotated Ch. 175A and 176, et seq. Any one who performs companies for one more for rent. Farmers or members of their household who change work with different farmers in the identical neighborhood
Different numerous exceptions Mississippi Employees’ Compensation Fee Part 71-3-1 et. seq., MISS. CODE ANN Any particular person, together with a minor, whether or not lawfully or unlawfully employed within the service of an employer below any contract of rent or apprenticeship, written or oral, categorical or implied. Unbiased contractors
Different numerous exceptions Missouri Division of Labor and Industrial Relations Chapter 287 R.S.Mo. 2005 Any particular person within the service of an employer below a contract of rent, appointment or election, together with officers of companies. Proprietor/operators of leased vehicles in
interstate commerce
Farm labor
Home servants
Household chauffeurs and licensed actual property agentsInmatesVolunteers of tax exempt organizations
Sports activities officers
Direct sellers Montana Division of Labor and Trade Mont. Code Ann. § 39-71-101, et.seq Most employed individuals aside from these listed within the statute. Home servants
Informal employment
Dependent member of the employer’s household
Sure sole proprietors
Actual property brokers or salesmen
Direct sellers
Sure officers at athletic occasions
Freelance photographers and authors
Newspaper carriers
Cosmetologist or barber companies
Petroleum land staff
Professionals jockeys
Ordained ministers
Officer or supervisor of a ditch firm
Individuals working for enrolled tribal members who function solely throughout the exterior boundaries of Indian reservations Nebraska Employees’ Compensation Court docket Nebraska Revised Statutes § 48-101 et. seq. Workers of the state, each authorities company created by it, and each employer in Nebraska, together with nonresident employers performing work within the state using a number of staff within the common commerce, enterprise, career, or vocation of such employer Home servantsAgricultural operations staff
Workers of railroad corporations
engaged in interstate or overseas commerce Nevada Division of Enterprise & Trade Nev. Rev. Stat. Chapters 616A-616D, Nev. Rev. Stat. Chapter 617 Each particular person within the service of an employer below any appointment or contract of rent or apprenticeship, categorical or implied, oral or written, whether or not lawfully or unlawfully employed. Informal staff
Theatrical or stager performers
Musicians whose companies don’t final greater than two consecutive days
Home staff
Voluntary ski patrol
Sports activities officers paid a nominal charge
Any member of the clergy
Actual property brokers
Direct salespersons engaged on fee New Hampshire Employees’ Compensation Division New Hampshire Revised Statutes Annotated 281-A Any particular person within the service of an employer below any categorical or implied, oral or written, contract of rent Railroad worker engaged in interstate commerce
Direct sellers
Actual property brokers, brokers or appraisers
Individuals offering companies as a part of residential placement for people with developmental, acquired or emotional disabilities New Jersey Division of Labor and Workforce Growth New Jersey Statutes Annotated 34:15-1 et seq. Most staff are coated with some exceptions. Unbiased contractors
Home staff
An worker who’s willfully negligent
Inmates
Informal staff New Mexico Employees’ Compensation Administration New Mexico Employees’ Compensation Act, New Mexico Statutes Annotated §§52-1-1, etseq Most staff are coated. Farm staff
Home servants
Actual property brokers
Individuals who file a written waiver with the State of New Mexico New York State Employees’ Compensation Board Employees’ Compensation Regulation of the State of New York Most staff within the State of New York Home staff working lower than 40 hours per week
Clergymen
Workers of municipalities and different political subdivisions who will not be engaged in hazardous employment
Uniformed sanitation staff, firefighters and law enforcement officials within the employment of the Metropolis of New York
Babysitters and minors over the age of 14 engaged in informal employment 
Longshoremen and harbor staff
Railroad staff
Anybody engaged in yard work or family chores or making repairs or portray in and a couple of single household, owner-occupied residence North Carolina Industrial Fee N.C. Gen. Stat. §97 Any particular person engaged in employment below any employment or contract of rent or apprenticeship, categorical or implied, oral or written, together with aliens and in addition together with minors, whether or not lawfully or unlawfully employed. Informal staff and people not in the midst of the commerce, enterprise, career or occupation of his or her employer North Dakota Workforce Security and Insurance coverage North Dakota Century Code Title 65 (Chapters 65-01 via 65-10) Each one who performs companies for one more for pay, together with all elected and appointed officers of the state and its political subdivisions, the legislative meeting, elective officers of the state’s counties, and all elective peace officers of any metropolis and aliens, county normal help staff and minors. Unbiased contractors
Informal staff
Any one who is engaged in an unlawful enterprise or occupation
Partner or baby below the age of twenty-two, of the employer
Actual property dealer or actual property salesperson
Members of the board of administrators of a enterprise company
Newspapers supply individuals Ohio Bureau of Employees’ Compensation Ohio Revised Code §4121.01 et. seq.Ohio Administrative Code §4121-01 et. seq. Any particular person within the service of the state, or any county or municipal company, and any particular person within the service of any particular person, agency, personal, or public company that employs a number of staff or operatives frequently in the identical enterprise or in or about the identical institution below any contract of rent, categorical or implied, oral or written N/A Oklahoma Employees’ Compensation Court docket Okla. Stat. tit. 85, §§ 301-413 Any particular person engaged within the employment of an employer coated by the phrases of the Employees’ Compensation Code together with members of the Oklahoma Nationwide Guard and contributors in a sheltered workshop program licensed by the U.S. Division of Labor. Horticulture staff not employed in utilizing motorized machines
Licensed actual property brokersEmployees offering companies in medical care or social companies program
Anybody employed by an employer with lower than 5 staff all associated by blood or marriage
Workers of youth sports activities leagues qualifying as tax-exempt
Sole proprietors
Volunteers
Proprietor-operators who lease tractor-trailers or vehicles for rent
Home servants in personal house Oregon Employees’ Compensation Division Employees’ Compensation Regulation. Or. Rev. Stat. § 656.001 Any particular person, together with a minor, whether or not lawfully or unlawfully employed, who works for pay, together with salaried, elected and appointed officers of the state, state companies, counties, cities, faculty districts and different public companies. Inmate or ward of a state establishment
Informal staff Pennsylvania Bureau of Employees’ Compensation Employee’s Compensation Act of June 24, 1996, P.L. 350, No. 57 All pure individuals who carry out companies for one more for a invaluable consideration. Informal staff Rhode Island Division of Labor & Coaching R.I. Gen. Legal guidelines. 27-7.1-1, et. seq.; Any one who has entered into the employment of or works below the contract of service or apprenticeship with any employer. Any particular person employed by the State of Rhode Island. Sworn staff employed by the State of Rhode Island
Informal staff
Farmers
Nursery staff
Farm laborers
Actual property brokers
Salespersons South Carolina Employees’ Compensation Fee S.C. Code Ann. § 42-1-110 et seq. Each particular person engaged in employment below any appointment, contract of rent or apprenticeship, categorical or implied, oral or written together with members of the State and Nationwide Guard. Informal staff South Dakota Division of Labor and Regulation SDCL Title 62 Each particular person, together with a minor, within the companies of one other below any contract of employment, categorical or implied. Volunteers
Unbiased contractors
Home servants working lower than 20 hours in any calendar week and for greater than 6 weeks in any 13 week interval
Farm or agricultural laborers Tennessee Division of Labor and Workforce Growth T.C.A. § 50-6-101, et seq  Each particular person below a contract of rent or apprenticeship, written or implied, together with a paid company officer. Some undocumented staff Texas Division of Insurance coverage Texas Labor Code Annotated § 401.001 et. seq Individuals within the service of one other below a contract of rent together with anybody working within the common course and scope of the employer’s enterprise who’s quickly requested to carry out companies outdoors the standard course and scope of the enterprise and individuals who’re trainees below the Texans Work program. Unbiased contractors
Federal staff
Different excluded individuals Utah Labor Fee Utah Code Annotated §34A-2-101, et seq. Workers embody these engaged in authorities service, any categorical or implied contract of rent, lessees of mining property, and homeowners of a partnership or sole proprietorship if an election is made. Actual property brokers or brokers Vermont Division of Labor Vermont Statutes Annotated title 21, § 601 et seq Individuals who’re employed and work below a contract of service or apprenticeship with an employer. Informal staff
Individuals engaged in novice sports activities
Individuals engaged in farm or
agricultural employment for an employer with an combination payroll of lower than $10,000 per yr
Members of an employer’s household dwelling within the employer’s home
Individuals engaged in any sort of service in or a couple of personal dwelling
Sole proprietors or companions/homeowners of an unincorporated enterprise
Actual property dealer or actual property salespersons
Sure members of an organization or LLC
Unbiased contractors
Assistant judges
Illegally employed minors Virginia Employees’ Compensation Fee Virginia Employees’ Compensation Act, Title 65.2 Code of Virginia 1950 Individuals, together with aliens and minors, within the service of one other below any contract of rent or apprenticeship, written or implied, whether or not lawfully or unlawfully employed. Individuals whose employment will not be throughout the common course of the employer’s enterprise Washington Division of Labor and Industries RCW 51.04.010 to 51.98.080 Workers, and impartial contractors, the essence of whose contract is his or her private labor together with all officers of the state, state companies, counties, municipal companies, or different public companies, or political subdivisions. Sure staff for companies registered throughout the Registration of Contractors or licensed Electricians and Electrical Installations
Home servants
Residence gardening and upkeep staff
Workers not in the midst of the commerce, enterprise, or career of the employer
Providers carried out in return for help or sustenance
Sole proprietors or
companions
Minor kids employed by mother and father for agricultural actions on the household farm
Jockeys
Sure officers of an organization
Entertainers for particular
performances
Newspaper supply
Providers carried out by an insurance coverage producer
Providers carried out by a sales space renter, and sure LLC actions West Virginia Workplaces of the Insurance coverage Fee W. Va. Code § 23-1-1 et seq. All individuals within the service of employers and employed by them for the aim of carrying on the trade, enterprise, service or work wherein they’re engaged. Home servants
Employers of 5 or fewer full-time staff engaged in agricultural service
Church staff
Informal staff
Workers engaged in organized skilled sports activities actions, together with employers of trainers and jockeys engaged in thoroughbred horse racing
Volunteer rescue or police
Federal staff Wisconsin Division of Workforce Growth Wis. Stat. §102.01-.89 (2011) Most staff and contract staff. Home servants
Most volunteers Wyoming Division of Workforce Providers Wyoming Statutes § 27-14-101, et seq Any particular person engaged in any further hazardous employment below any appointment, contract of rent, or apprenticeship, categorical or implied, oral or written and contains legally employed minors, aliens licensed to work by america DOJ. Informal staff
Sole proprietors
Officer of an organization
Unbiased contractors
Skilled athletes
An worker in a personal house
Federal authorities staff
Elected officers
Volunteers
Members of LLCs
Foster mother and father
Childcare staff who’re paid by the Wyoming Division of Household Providers