2019 Analysis of Workers' Compensation Laws - 23

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

Private

Public

Exceptions2, 3

Special Coverage Provisions

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
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 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.

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).

Washington

Compulsory as to all employment.
Elective as to partners, sole
proprietors, joint ventures, corporate
officers who are shareholders or
directors, members/managers of LLCs,
and most workers listed as exceptions.

Compulsory as to all public
employment.

Domestic servants; gardening,
maintenance, or repair in private homes;
voluntary law enforcement officers;
railway workers; volunteers in charitable
organizations (entitled to medical aid
coverage only); children under 18 on family
farm; jockeys; newspaper carriers; booth
renters; insurance producers; licensed
surplus line brokers; services rendered by
a musician or entertainer under a contract
with a purchaser of the services, for a
specific engagement or engagements when
such musician or entertainer performs no
other duties for the purchaser and is not
regularly and continuously employed by the
purchaser. A purchaser does not include
the leader of a group or recognized entity
who employs other than on a casual basis
musicians or entertainers.

Covers apprentices registered with
the Apprenticeship Council. Excludes
purchaser of contracts for musical or
entertainment performance.

West
Virginia

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.

Sole proprietors, partners, and limited
officers; employers of five or fewer fulltime 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.

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.

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.

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.

2019 Analysis of Workers' Compensation Laws | 23
2019 Analysis of Workers' Compensation Laws

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