USCC Workers Comp 2023 - 18

Chart II-Coverage of Laws, cont.
Jurisdiction
Employment1
Private
Maine10
Covered
Public
Compulsory as to all employment,
including corporate executive officers.
Corporate officers who are 20%
shareholders may waive. Elective as
to self-employed persons or partners
or members of LLCs. Effective 1/1/13,
presumption of employment for all
workers.
Compulsory as to state,
counties, cities, towns, and
quasi-municipal corporations.
Includes volunteer firefighters,
police, emergency medical
services personnel, and
certified search and rescue
workers. Effective 1/1/13,
presumption of employment for
all workers.
Exceptions2, 3
Domestic workers; seasonal or casual
agricultural or aquacultural employees;11
maritime employees in interstate or foreign
commerce within the exclusive jurisdiction
of admiralty law or the laws of the U.S.;
commission-paid real estate salespersons
or brokers who are independent contractors;
employees harvesting 150 cords of wood
from farm woodlot; independent contractors;
voluntary participants in employer-sponsored
athletic events; and elected or appointed
executive officers of a charitable, religious,
educational, or other nonprofit corporation.
Maryland
Compulsory as to all employment,
including corporate officers. Elective
as to partners or sole proprietors.
Corporate officers with 75% of income
from farm operations and who own at
least 20% of the outstanding capital
stock of the corporation; officers
owning 20% of the outstanding
capital stock of a professional services
corporation; and officers of a statutory
close corporation and of a limited
liability company with 20% profit
interest may elect to be exempt.
Compulsory as to state,
counties, cities, and their
agencies; paid firefighters in
certain counties; prisoners
working for county roads
boards; forest wardens;
jockeys;12
crewpersons and
firefighters for Department
of Forest and Parks; jurors for
nonfederal courts; state militia
during both training and active
duty.
Domestic workers who earn less than $1,000
in cash in a calendar quarter from a household;
certain maintenance workers not employed for
30 consecutive days around a private home;
seasonal, migratory farm laborers within 25
miles of residence who work no more than
13 weeks a year and who do not operate
machinery or equipment; farmers who employ
fewer than three or have a full-time payroll
less than $15,000; commission-paid real estate
salespersons or brokers; and independent
contractors and owners/operators of Class
F tractors who are under agreement with a
motor carrier.
Massachusetts
Compulsory
as to all employment.
Compulsory as to state.
Elective as to counties, cities,
and districts having power
of taxation. Municipalities
require indemnifying police and
firefighters. Cities and towns
may cover certain elected or
appointed officials.
Michigan
Compulsory as to all employers of
three or more; fewer than three if one
is employed for 35 hours per week for
13 weeks by same employer. Elective
as to corporate officers who are 10%
shareholders (up to 10 shareholders)
and owners of LLCs with 10 or fewer
members.
Minnesota
Compulsory as to most employment.
Elective as to the following (and
their families), if there are not other
employees: partners, some officers of
some closely held corporations, and
some managers of some LLCs.
Mississippi Compulsory as to all employers of five
or more. Corporate officers may elect
not to be covered. Members of an LLC,
sole proprietors, and partners are not
covered but may elect to be covered.
Any employee owning 15% or more of
stock in corporation may be exempt.
Compulsory as to all public
employment. Trainees in
federally funded training
programs deemed employees
of sponsoring public entity.
Masters and seamen in interstate commerce
covered by federal law; athletes whose
contracts provide wages during job disability;
commission-paid salespersons; and
independent taxi drivers.
Special Coverage Provisions
Voluntary as to excepted employment
and persons engaged in wood
harvesting, if contracted directly with
landowner and meeting additional
requirements. Parent, spouse,
domestic partner (as defined in Title 24
§2319-A Subsection 1), or child of sole
proprietor; partner or corporate officer
who is a 20% shareholder; member of
LLC or shareholders of a professional
corporation may waive coverage.
Voluntary as to excepted employment.
Officers of close corporation may
reject. Small employers of farm
laborers may be insured under a group
policy. Certain volunteer firefighters
and paramedics may be covered. A
principal contractor is not liable to
pay workers' compensation to an
individual who is a sole proprietor
subcontractor if the individual does
not notify the principal contractor of
the individual's status as a covered
employee and does not elect to
be a covered employee. Labor and
Employment Article, §9-205-9-236 and
§9-508, Annotated Code of Maryland.
Electives for domestic servants
working less than 16 hours per week.
Professional athletes whose AWW is more
than 200% of the statewide AWW; domestic
servants who work less than 35 hours a week
for 13 weeks a year; and licensed real estate
salespersons.
Voluntary as to employers of two or
fewer and as to domestic servants.
Family members may be excluded by
endorsement.
Compulsory as to all public
employment. Service
subdivision concerning elective
and appointed officials of
government.
Household workers who earn less than $1,000
per three months from one private household;
family farms with prior annual farm labor
payroll under $8,000;13
railroad workers
covered by federal law; nonprofit corporations
with annual payroll less than $1,000; and
certain casual labor not in the course of
employer business.14
Compulsory as to all public
employment, including
subdivisions of the state.
Specifically excludes people
with disabilities in statesheltered
workshop programs.
Domestic servants; farmers; farm laborers;
newspaper distributors; nonprofit charitable
fraternal, cultural, or religious corporations or
associations; and independent contractors.
Specifically covers voluntary first
responders, members of law
enforcement assistance organizations,
and voluntary civil air patrol members
rendering service under supervision
and authority of the state or its
political subdivisions.
Voluntary as to exempt employers.
18 | 2023 Analysis of Workers' Compensation Laws
USCC Workers Comp 2023

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