2019 Analysis of Workers' Compensation Laws - 18

Chart II-Coverage of Laws, cont.
Employment1 Covered
Jurisdiction

Private

Public

Exceptions2, 3

Special Coverage Provisions

Louisiana

Compulsory as to all employment,
including corporate executives.
Corporate officers who are 10%
shareholders, partners, and sole
proprietors may reject.

Compulsory as to all public
employment, except sheriffs'
deputies and officials.
Subdivisions may cover elected
and appointed officials. Coverage
for volunteer firefighters is
elective.

Crews of crop-spraying aircraft while
acting as contractors or employees of
persons principally engaged in agriculture;
real estate brokers and salespersons;
landsmen; domestic workers; and certain
farm workers.

Excludes officers of nonprofit
charitable, fraternal, cultural, or
religious corporations or associations.
Musicians pursuant to a service
contract are exempt from coverage.

Maine10

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.

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.

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.

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.

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.

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.

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.

Electives for domestic servants
working less than 16 hours per week.

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.

Compulsory as to all public
employment. Trainees in
federally funded training
programs deemed employees of
sponsoring public entity.

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.

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.

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

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.

18 | 2019 Analysis of Workers' Compensation Laws
2019 Analysis of Workers' Compensation Laws

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