USCC Workers Comp 2024 - 14

Chart I-Type of Law and Insurance Requirements, cont.
SelfJurisdiction
Saskatchewan
Type
of Law
Compulsory
Insurance
Required in
provincial
fund
Insurance
Permitted
for federal
government
Penalties on Failure to Insure
Failure to submit statements of wages when starting operations or when required by the Act or regulations:
(a) If registration is greater than 30 calendar days from the date of employing a worker, the Workers'
Compensation Board (WCB) will apply a penalty of 5% of the premium assessed for each year the
employer should have been registered (with a minimum of $5 and a maximum of $500 for each year of
noncompliance). The WCB may also pursue a fine up to $1,000. Where an employer intentionally avoided
registration or where a work-related injury has occurred, the employer will be liable to pay the premiums
due for all years it should have been registered, and the WCB may require the employer to pay for the total
cost of all injuries that occurred prior to registration. If the penalties and fines do not deter the employer
from failing to register, the WCB may levy an administrative penalty up to $10,000; (b) If an employer
fails to submit a payroll statement by 2/28 in each year, the WCB will estimate the employer's payroll to
calculate the assessment and require the employer to pay a penalty based on 5% of the assessment for
the prior year. The penalty will increase 5% per month and shall not exceed a total of 15% or $500. If an
employer fails to provide payroll statements for three consecutive years, the WCB may fine the employer up
to $1,000. If the penalty and fine do not deter the employer, the WCB may impose an administrative penalty
up to $10,000.
Yukon
Territory
Compulsory
Required in
territorial
fund
Not permitted
On prosecution for noncompliance with Workers' Compensation Act, the minimum fine is $50, maximum
fine is $5,000 (10% of premiums plus interest). Penalty for late registration is 10% of the assessment owed
plus interest.
Notes
Arkansas-Municipalities with populations of more
than 70,000 may self-insure on individual or group basis.
2.
1.
Florida-Application for workers' compensation
coverage under a group self-insurance fund must contain
the following statement: " This is a fully assessable policy.
If the fund is unable to pay its obligations, policyholders
must contribute on a pro rata earned premium basis the
money necessary to meet any unfulfilled obligations. "
3.
Indiana-Except as to state and political subdivisions,
banks, trust companies, and savings and loan
associations. These entities are self-insured by statute.
4.
Maryland-Eligibility for group self-insurance is
limited to counties, municipalities, boards of education,
community colleges, and certain private employers.
5.
Montana-Private employers and public entities,
other than state agencies, may establish individual or
group self-insurance funds.
7.
Mississippi-All self-insurers must be members of
the Mississippi Workers' Compensation Self-Insurer
Guaranty Association.
6.
Nebraska-Group self-insurance permitted for any
two or more public agencies.
8.
in writing prior to any accident. Permits 10 or more
employers licensed by the state as hospitals to group
self-insure.
9.
director. Group self-insurance is permitted for school
districts and hospitals.
15.
New Mexico- " Group " means a nonprofit
unincorporated association consisting of two or more
public hospital employers or private employers who
are engaged in the same or similar type of business as
defined by the New Mexico Workers' Compensation
Administration Group Self-Insurance Act (NMSA 1978
§52-6-2B).
10.
New York-President, secretary, and treasurer
of a corporation are criminally and/or civilly liable for
failure to obtain coverage and are personally liable for
penalties.
11.
Wyoming-Coverage is compulsory for extrahazardous
industries and occupations only. Private
insurers are allowed to write coverage for industries and
occupations not considered extra-hazardous; however,
only state fund is allowed to provide immunity to lawsuit
by injured workers.
16.
Manitoba-Employers or industries included in
Classes A, B, C, or D are permitted to self-insure. Selfinsurers
include individual employers or employers
in industries such as railways, provincial and federal
governments, airlines, and the largest municipality.
17.
North Carolina-All individual and group self-insurers
must be members of the North Carolina Self-Insurance
Security Association as a condition of authority to selfinsure.
12.
Texas-Mandatory
for political subdivisions.
New Jersey-Statutory presumption of compulsory
inclusion in every contract of hire since 7/4/1911.
Coverage may be terminated by either party upon notice
Texas-Except for state and political subdivisions.
Self-insurance is permitted upon the Texas
Department of Insurance and the Division of Workers'
Compensation's approval.
14.
13.
New Brunswick-Subject to approval of lieutenant
governor-in-council, board may make arrangements for
insurance or reinsurance.
18.
Ontario-Employers who are defined as Schedule
2 employers under the Ontario Workplace Safety and
Insurance Act (employers who are in one of the classes
of industries listed in Schedule 2 to Ontario Regulation
175/98) are self-insured.
19.
Washington-Self-insurance permitted for employers
who make application, qualify, and are certified by the
Québec-Permitted only for employer operating
an interprovincial or international railway transport or
shipping firm under the special provisions for employers
held personally responsible for the payment of benefits.
14 | 2024 Analysis of Workers' Compensation Laws

USCC Workers Comp 2024

Table of Contents for the Digital Edition of USCC Workers Comp 2024