USCC Workers Comp 2024 - 22

Chart II-Coverage of Laws, cont.
Jurisdiction
Employment1
Private
South
Dakota
Covered
Public
There's no law requiring any
private employer to carry Workers'
Compensation insurance. However, it
is highly recommended. An uninsured
employer may be sued in civil court by
an injured worker.
Tennessee
Compulsory as to all employers of five
or more. Corporate officers may reject.
Employers with fewer than five may
elect coverage. Elective as to partners
and sole proprietors.
Compulsory as to all public
employment, except elected or
appointed officials. Firefighters
covered. Subdivisions of state
may elect to cover elected and
appointed officials. Students
in vocational work programs
covered.
Voluntary as to state and
political subdivisions.
Exceptions2, 3
Farm laborers and domestic servants if
employed less than 20 hours in any week and
less than six weeks in any 13-week period,
workfare participants, and truck drivers who
are independent contractors certified by the
Labor Department.
Farm laborers, domestic servants, casual
employees, employees of interstate common
carriers, and voluntary ski patrol persons.
Special Coverage Provisions
Voluntary as to farm labor and
domestic service. Compulsory as to
operators of farm machinery.
Subcontractors and construction
industry covered even if fewer than
five employees. In construction, sole
proprietors, partners, LLC members,
and corporate officers are required
to cover themselves or be listed on
the Secretary of State's exemption
registry.
Texas
Elective as to all employment. Farm/
ranch operators may elect to cover
self, partner, corporate officers, or
family members.
State provides self-insurance
coverage for Texas Department
of Transportation, University
of Texas System, Texas
A&M University, Texas Tech
University System, and all
state employees. Counties,
municipalities, and other
political subdivisions may
provide compensation for
employees through commercial
coverage, self-insurance, or
interlocal agreements.
Utah
Compulsory for employees, subject to
some statutory exceptions. Corporate
officers and directors are covered
unless the corporation affirmatively
excludes them. Coverage is elective for
partners and sole proprietors.
Compulsory for public
employment. All authorized
public-sector volunteers injured
in the course and scope of
service are only entitled to
receive medical benefits.
Domestic or casual workers engaged in
employment incidental to a personal residence,
persons covered by a method of compensation
established under federal law, and qualified
farm and ranch employees.
Casual employees, nongovernment volunteers,
domestics who work fewer than 40 hours
per week for a single employer, real estate
salespersons or brokers, and insurance brokers
and agents who are independent. Agricultural
employers with nonfamily payrolls of less than
$8,000 per year are not required to maintain
workers' compensation coverage; agricultural
employers with nonfamily payrolls between
$8,000 and $50,000 are required to obtain
workers' compensation or liability insurance
coverage; agricultural employers with
nonfamily payrolls above $50,000 must obtain
workers' compensation coverage.
Vermont
Compulsory as to all employment.
Department of Labor may exclude
up to four corporate officers or
LLC members. Elective as to sole
proprietors and partners by application.
Virginia
Compulsory as to employers of three
or more and farm employers with
more than three full-time employees.
Elective for partners and sole
proprietors. Corporate officers may
reject for accidental injury only.
Compulsory as to all public
employees.21
Excludes elected
public officials, sheriffs and
other identified officials, or
prisoners.
Compulsory as to all public
employment. Includes judges
of Supreme Court and Circuit
Court and judges and clerks of
juvenile, domestic relations,
and district courts. May
include volunteer hazardous
materials emergency response
teams. Elective as to counties
and administrative officers
and employees elected or
appointed for definite terms.
Casual or domestic employees, amateur
athletes, real estate agents, farm laborers
where employer's payroll is less than $10,000
per year.
Casual employees; horticultural and farm
laborers if less than three full-time; taxi
drivers and domestic servants; employees of
railroads; employment not in usual course of
employer's trade, business, or occupation; and
real estate salespersons or associated brokers
on commission, under independent contract, or
not treated as employees for federal income
tax purposes.
Motor vehicle carrier drivers may
establish themselves as independent
contractors by obtaining a workers'
compensation coverage waiver and
disability benefit insurance policy with
a $1 million minimum aggregate limit.
Voluntary as to excepted employment.
Voluntary as to employers of fewer
than three employees, employers of
fewer than four horticultural or farm
laborers, and domestics. General
contractors are statutory employers
of their subcontractors' employees.
Corporate officers and managers
of limited liability companies may
reject coverage upon giving notice
of rejection. Alien workers, whether
lawfully or unlawfully employed, are
covered for medical and temporary
total indemnity benefits (except
vocational rehabilitation services if not
eligible for employment).
22 | 2024 Analysis of Workers' Compensation Laws
USCC Workers Comp 2024

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