USCC Workers Comp 2024 - 20

Chart II-Coverage of Laws, cont.
Jurisdiction
Employment1
Private
New
Hampshire
Covered
Public
Compulsory as to all employment.
Elective as to partners, sole
proprietors, and corporate officers.
New Jersey Elective as to all employment.
However, employers electing to opt out
of Workers' Compensation must obtain
comprehensive employers' liability
insurance, which no insurer in New
Jersey currently offers.
New
Mexico
Compulsory as to employers of three
or more and employers licensed
under the Construction Industries
Licensing Act, regardless of the
number of employees. Corporate
officers who own 10% or more of
the business entity may reject but
are still considered employees for
determination of coverage. Elective to
self-employed.
New York
Compulsory as to all for-profit
employment. Elective as to selfemployed;
one to two corporate
officers who own all stock; executive
officers of religious, charitable,
veterans, or educational corporations.
Unsalaried executive officers of
nonprofit unincorporated associations
or corporations may elect to be
excluded.
Compulsory as to all public
employment.
Compulsory as to all public
employment.
Exceptions2, 3
Railroad workers covered under Federal
Employer's Liability Act (FELA, or Jones Act).
Casual workers, maritime workers, and railroad
workers engaged in interstate commerce.
Elective as to certain volunteers
specifically designated by statute.
Special Coverage Provisions
Compulsory as to state,
counties, cities, and
towns; drainage, irrigation,
conservancy, or school
districts; public institutions or
administrative boards. Includes
elected or appointed officials.
Domestic servants, casual employees, and
real estate salespersons. The New Mexico
Supreme Court declared the exclusion of
farm and ranch laborers unconstitutional. The
effective date of the decision is 8/4/16.
Recommended as to domestic service
and where fewer than three are
employed. Compulsory for charitable
organizations employing more than
three workers.
Compulsory as to state and
subdivisions when worker
is engaged in hazardous
occupations enumerated.
Covers school aides and public
school teachers in districts
outside of New York City.
Farm laborers if payroll during prior year was
less than $1,200; volunteer workers who are
not considered employees under the law;
domestic workers not employed by the same
employer at least 40 hours per week; teachers
or nonmanual laborers for religious, charitable,
or educational institutions; certain real estate
salespersons, sole shareholder officers, and
two shareholders/officers who have no other
employees; babysitters under 18; casual
employment or repairs in or about a one-family
owner-occupied residence; real estate brokers
and insurance agents or brokers; and casual
employment.
North
Carolina
Compulsory as to all employers of
three or more and all employment
with exposure to radiation. Corporate
officers count toward total number of
employees but may reject. Elective as
to partner or sole proprietor.
Compulsory as to public
employment, public and
quasi-public corporations, and
elected officials.
Farm laborers, domestic servants, casual
workers, railroad workers, voluntary ski
patrol persons, individual sawmill or logging
operators with fewer than 10 employees who
operate less than 60 days over a six-month
period.
Voluntary as to excepted employment
and for certain employment in
fulfillment of probationary sentence.
Jockeys covered by the New York
Jockey Injury Compensation Fund.
Black Car operators are covered under
the New York Black Car Operators
Injury Compensation Fund. Volunteers
who are injured in the line of duty are
covered under a separate Volunteer
Ambulance Workers Benefit Law or
Volunteer Firefighters Benefit Law.
Voluntary as to casual employees,
domestic servants, and employers
of fewer than three employees.
Compulsory as to agricultural
employers with 10 or more full-time
nonseasonal workers. Contractor
must certify that its subcontractor
has secured compensation. If
subcontractor has no employees,
coverage may be waived.
North
Dakota
Compulsory as to all hazardous
employment. Elective as to employers
and resident family members.
Compulsory as to all public
employment.
Farm laborers, domestic servants, members of
boards of directors of business corporations,
casual workers, illegal enterprises or
occupations, clergy, and real estate brokers
or salespersons, and newspaper delivery
personnel with written agreements defining
them as independent contractors.
Ohio
Compulsory as to all employment.
Elective as to partners, sole
proprietors, and individuals
incorporated as a corporation.
Compulsory as to state,
counties, cities, townships,
incorporated villages, and
school districts.
Casual and domestic workers paid less than
$160 by one employer in any three-month
period.
Voluntary as to nonhazardous and
excepted employment. General
contractor is responsible for securing
coverage and paying premiums for
its subcontractor until subcontractor
has secured and paid for his or her
own coverage. Injuries caused by
intoxicants are not compensable.
Elective as to officers of family farm
corporations and for ordained or
licensed ministers in the exercise of
their ministry. Coverage provided for
off-duty firefighters, peace officers,
and emergency medical technicians
who respond to inherently dangerous
situations that call for an immediate
response-regardless of jurisdiction
of the person's regular employment.
20 | 2024 Analysis of Workers' Compensation Laws
USCC Workers Comp 2024

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