2020 Analysis of Workers' Compensation Laws - 15

Chart II-Coverage of Laws
Employment1 Covered

 
Exceptions2, 3

Special Coverage
Provisions

Compulsory as to all public
employment except municipalities
with a population of less than
2,000. Certain school systems
and institutions covered.4

Domestic servants and casual employees,
owner/operator, or leased operator of common
carriers engaged in interstate commerce, farm
laborers, and U.S. and state government.

Voluntary for employers of
fewer than five, unless involved
in residential construction,
including farmers, volunteer fire
departments and a person who
performs services as a sports
official.5

Compulsory as to all employment.
Executive officers of a for-profit
corporation may waive coverage
until 8/1/19, when minimum 10%
ownership interest is necessary for
exemption. A nonprofit corporation
may elect to cover executive officers.
A limited liability company may elect
to cover members until 8/1/19, when
minimum 10% ownership interest
is necessary for exemption. A sole
proprietor or partnership member may
elect coverage.

Compulsory as to all employment.
Municipal corporations may elect
to cover executive officers.

Part-time babysitters, cleaning persons, harvest
help, or similar transient help; entertainers and
certain sports officials employed on a contractual
basis; commercial fishers; certain taxicab drivers;
certain Alaska temporary assistance program
participants; certain professional hockey team
players and coaches; and qualified real estate
licensees who are paid based upon sales or
output rather than hours worked and whose
written employment contracts provide they will
not be treated as employees for income tax or
workers' compensation purposes; transportation
network company drivers transporting
passengers; and independent contractors.

Statutory state employees include
high school students during
work-study activities; certified,
registered volunteer emergency
medical technicians when
working outside an incorporated
city or borough; individuals
working as special officers for
the Department of Public Safety;
Board and Commission members
while working or traveling on
Board/Commission business;
certain active, registered civilian
volunteers while engaged in
an emergency or disaster relief
function; and residents of Alaska
who temporarily volunteer in
search-and-rescue activities.

Arizona

Compulsory as to all employment.
Employee may reject.

Compulsory as to state, counties,
cities, towns, municipal
corporations, school districts,
and volunteers enumerated by
statute.

Domestic servants, casual employees, and real
estate licensees.

Voluntary as to sole proprietors
and employers of domestic
servants. Motion picture business
employers and employees may
be exempt from law, provided by
insurance in domicile state.

Arkansas

Compulsory as to employers of three or
more. Partners or sole proprietors may
opt out of coverage for themselves
only.

Compulsory as to state agencies,
departments, institutions,
counties, cities, and towns.
Excludes workfare recipients and
incarcerated prisoners doing work
for cities, counties, or the state.

Farm laborers, domestic servants, casual
workers, nonprofit religious, charitable, or
relief organizations, vendors or distributors of
newspapers and other publications, qualified real
estate agents, and individuals with certificate of
noncoverage.

Voluntary as to excepted
employment. Compulsory for
employments in which two or
more employees are engaged in
building or building repair work,
in which one or more employees
of a contractor who subcontracts
any part of a contract, and in
which one or more employees are
employed by a subcontractor.

California

Compulsory as to all employment.
Elective as to working members of
a partnership, working officers and
directors of a private corporation, and
members of a limited liability company.

Compulsory as to all public
employment except clerks
and deputies serving without
remuneration, regional
occupational centers, and
programs or school districts
offering training to pupils outside
the attendance area, as well as
enrolled pupils.

Charity workers and volunteer workers at
camps, etc., operated by nonprofit organizations,
employer-sponsored bowling teams, domestics
who work less than 52 hours during the
preceding 90 days or earn less than $100, and
students in sport events (excludes amateur
athletic participants who are not employees).

Voluntary as to excepted
employment and sponsoring
agencies of Economic Opportunity
programs. Employer not liable for
injury due to off-duty recreational,
social, or athletic activity not
part of work-related duties.
Student apprenticeship programs
registered by the Division of
Apprenticeship Standards of
the Department of Industrial
Relations are considered
employers of registered student
apprentices. Volunteers for state
agencies involved in disaster
preparedness for the year 2000
are deemed disaster service
workers.

Jurisdiction

Private

Public

Alabama

Compulsory as to employers of five or
more. Elective as to partners or sole
proprietors. Corporate officers may
reject.

Alaska

2020 Analysis of Workers' Compensation Laws | 15
2020 Analysis of Workers' Compensation Laws

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