USCC Workers Comp 2023 - 16

Chart II-Coverage of Laws, cont.
Jurisdiction
Employment1
Private
Covered
Public
Connecticut Compulsory as to all employment.
Corporate officer or partner may reject.
Elective as to sole proprietors.7
Compulsory as to state, public
corporations, and members
of the General Assembly.
Municipalities may elect
coverage of elected and
appointed officials, police, and
firefighters.
Delaware
Compulsory as to all employment.
Up to eight corporate officers/
stockholders may reject. Sole
proprietors, partners, or members of
their immediate families may elect to
be exempt from coverage.
Elective as to state and certain
counties, cities, and towns.
Exceptions2, 3
Casual employees, outworkers, domestics
employed less than 26 hours weekly, and
officers of fraternal organizations paid less
than $100 per year.
Special Coverage Provisions
Voluntary as to excepted employment.
Domestic servants, casual employees
earning less than $750 in three months
from one household, and farm laborers. All
persons licensed under Chapter 25 of Title
30 (construction industry) are not allowed
exclusion and shall be deemed to be an
employer. Up to four members of an LLC or four
officers of a corporation in the construction
industry may elect an exemption.
District of
Columbia
Compulsory as to all employment.
Separate act is compulsory
for all public employment,
except officers or employees
of the U.S., state, or foreign
government, and uniformed
D.C. police or firefighters.
Florida
Compulsory as to employers of four
or more; one or more in construction
or construction-related trades. In the
construction industry, up to three
corporate officers, including members
of a limited liability company (LLC),
may elect exemption from coverage. In
a nonconstruction industry, unlimited
number of corporate officers or a
member owning at least 10% of an LLC
may elect exemption from coverage.
Elective as to sole proprietors and
partners in the nonconstruction
industry.
Georgia
Compulsory as to all employers of
three or more. Elective as to active
partners, sole proprietors, or farm
laborers.
Hawaii
Compulsory as to all employment for
pecuniary gain. Compulsory as to all
out-of-state employers who work in
the state.
Compulsory as to state and
political subdivisions, including
volunteers of government
entities, volunteer firefighters,
and elected officials.
Farm laborers, casual employees, master or
crew of any vessel, employees of common
carrier by railroad in interstate commerce
and commission, and real estate brokers and
salespersons who are independent contractors.
Domestic servants, 11 or fewer regular farm
laborers, professional athletes, owner/operator
of a motor vehicle who is under written
contract with a motor carrier and assumes all
responsibility for carrying out the contract,
volunteers (except volunteers of government
entities), sports officials, real estate licensees,
musical and theatrical performers, Medicaidenrolled
clients, and vehicle-for-hire drivers.
Elective as to licensed real estate
brokers.
Domestic workers covered if employer
employs one or more for 240 hours or
more in a calendar quarter. Act applies
to injuries occurring outside of D.C. if
the employment is principally localized
in D.C.
Voluntary as to excepted employment.
When a contractor sublets part of his
contract, the contractor is responsible
for securing and paying coverage
for the subcontractor, unless the
subcontractor has secured coverage or
is exempt.
Compulsory as to state, county,
and municipal corporations and
political subdivisions, including
school districts. Voluntary as to
planning commission.
Compulsory as to all public
officials, elected or appointed.
Covers public board members.
Farm laborers, domestic servants, employees
of common carriers by railroad, casual laborers,
and licensed real estate salespersons and
brokers.
Volunteers of religious, charitable, or nonprofit
organizations; domestics who earned less
than $225 during each quarter in the preceding
year; unpaid corporate officers with more
than 25% of shares of a corporation; and real
estate salespersons who perform services for
others and are compensated solely by way
of commission. Effective 7/7/11, services
performed by an individual who is a member
of a limited liability company or a partner
of a limited liability partnership who has
a distributional interest in the company or
partnership of at least 50%, a partner of a
partnership, and a sole proprietor.
Idaho
Compulsory as to all employment
unless specifically exempt.
Compulsory as to all public
employment, except officials
of secondary school athletic
contests. Members of Idaho
National Guard are covered
under federal law.
Domestic and casual workers; parents,
children, or grandchildren of sole proprietor
and spouse;8
sole proprietor and in-dwelling
household members; partners and members of
limited liability company; corporate officers;9
employment covered under federal law; pilots
of agricultural spraying planes; real estate
brokers paid entirely on commission; volunteer
ski patrollers; and officials of athletic contests
involving secondary schools.
16 | 2023 Analysis of Workers' Compensation Laws
Voluntary as to excepted employment.
Voluntary as to employment not
defined as industrial.
Employees in state who work for
employers domiciled in another state
are covered. Credit is provided for
benefits paid to employees under the
law of other states.
USCC Workers Comp 2023

Table of Contents for the Digital Edition of USCC Workers Comp 2023
