USCC Workers Comp 2023 - 24

Chart II-Coverage of Laws, cont.
Jurisdiction
Employment1
Private
West
Virginia
Covered
Public
Compulsory as to all employment.
Sole proprietors, partners, and limited
officers may opt out of coverage.
Compulsory for all public
employment. Elected officials
may opt out of coverage.
Exceptions2, 3
Sole proprietors, partners, and limited officers;
employers of five or fewer full-time employees
in agricultural service; employers of domestic
servants; employers of casual employees;
churches; employers engaged in organized
professional sports activities; and certain
volunteer groups organized under government
entities or political subdivisions, such as
rescue squads, emergency medical services,
and police auxiliary units.
Wisconsin
Compulsory as to all employment of
three or more employees (except farm
labor), or if payroll is $500 or more in
any calendar quarter for services in the
state. Compulsory as to farmers with
six or more employees who work 20 or
more days in a calendar year.
Compulsory as to all
employees, including state
legislators. Includes certain
vocational education students.
Domestic servants; any person whose
employment is not in the trade, business,
profession, or occupation of the employer;
some farm employees; volunteers, including
volunteers of nonprofit organizations that
receive money or other things of value totaling
not more than $10 per week; religious sect
members who qualify and are certified for an
exemption; employees of Native American
tribal enterprises (including casinos), unless
the tribe elects to waive its sovereign immunity
and voluntarily becomes subject to the Act; and
real estate brokers, agents and salespersons
that satisfy the two elements pursuant to S.
452.38, Wis. stats.
Wyoming
Compulsory as to enumerated extrahazardous
industries and occupations
conducted for gain. Elective as to
corporate officers.
Compulsory as to all state
employees (including
employees of the University
of Wyoming), counties, and
municipal corporations when
engaged in extra-hazardous
work.
American
Samoa
Compulsory. Elective as to employers
with fewer than two employees
( " minor employers " ).
Compulsory as to all public
employment.
Casual employees, independent contractors,
private household workers, federal employees,
interstate trucking without a fixed base in
Wyoming, and sole proprietors and partners.
Special Coverage Provisions
Out-of-state employees entering West
Virginia for a period of 30 days or less
do not need to obtain West Virginia
coverage. Employers and employees
under certain circumstances can agree
to be covered by a state other than
West Virginia even when working for
more than 30 days in West Virginia.
See W.Va. Code St. R. §85-8-1 et seq.
Voluntary as to excluded employment.
Elective as to working sole proprietors,
partners, and members of limited
liability companies. Includes
participants in community work
experience programs. Independent
contractors are considered employees
of any employer for whom they are
working, except when the independent
contractor meets certain enumerated
conditions.
Elective as to all nonrequired
industries and occupations. Specific
volunteers require coverage.
If employee of " minor employer "
files a written complaint that such
employer is engaging in an occupation
that is hazardous to the employee,
the employer has to appear and show
cause to the commission as to why he
should not be liable for such coverage.
Virgin
Islands
FECA
Longshore
Act
Compulsory as to all maritime
employment nationwide, including
longshoring, harbor working,
shipbuilding, and ship repair.
Compulsory as to all employment.
Elective as to partners and sole
proprietors.
Compulsory as to all public
employment.
All civil employees of the U.S.
government, including wholly
owned instrumentalities.
Officers and employees of the
U.S. or any state or foreign
government are not covered.
Master or crew of any vessel and persons
unloading or repairing vessels of less than 18
tons.22
in Puerto Rico.23
Not applicable to maritime employment
Act also applies to workers at military
bases and public workers abroad,
welfare and morale service workers
for military abroad, and workers
for non-appropriated funds (ship's
services, PXs, etc.) in the U.S. and
abroad.
Alberta
Compulsory as to all nonexempt
employment. Elective as to corporate
directors, employers, partners, and
sole proprietors.
Compulsory as to provincial
employees. Most
schoolteachers exempt.
Employments listed in Schedule A of the
Workers' Compensation Regulation.
Voluntary as to exempted employment
and corporate directors. Board may
include any individual or class by
order.
Casual and domestic employees and volunteers
for charitable organizations.
Voluntary as to exempt employers and
employees.
24 | 2023 Analysis of Workers' Compensation Laws
USCC Workers Comp 2023

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