2020 Analysis of Workers' Compensation Laws - 16

Chart II-Coverage of Laws, cont.
Employment1 Covered

Exceptions2, 3

Special Coverage
Provisions

Compulsory as to all public
employment. Compulsory as to
volunteer emergency personnel.
Uncompensated public officials
may reject coverage.

Part-time6 domestic workers; casual farm and
ranch employers expending less than $2,000
per year; volunteer ski patrol and instructors;
independent real estate salespersons and
brokers; independent truckers; persons who
perform services for more than one employer at a
race, meet, or horse track; nonprofit youth sports
coaches with a written agreement specifying
that the coach is an independent contractor.

Compulsory for all persons
performing construction work
on a construction site; corporate
officers or members of a limited
liability company who are
10% shareholders may reject
coverage. Sole proprietors and
partners in a partnership with a
registered trade name may reject
coverage.

Compulsory as to all employment.
Corporate officer or partner may reject.
Elective as to sole proprietors.7

Compulsory as to state, public
corporations, and members of the
General Assembly. Municipalities
may elect coverage of elected
and appointed officials, police,
and firefighters.

Casual employees, outworkers, domestics
employed less than 26 hours weekly, and officers
of fraternal organizations paid less than $100
per year.

Voluntary as to excepted
employment.

Delaware

Compulsory as to all employment.
Up to eight corporate officers/
stockholders may reject. Sole
proprietors, partners, or members of
their immediate families may elect to
be exempt from coverage.

Elective as to state and certain
counties, cities, and towns.

Domestic servants, casual employees
earning less than $750 in three months
from one household, and farm laborers. All
persons licensed under Chapter 25 of Title 30
(construction industry) are not allowed exclusion
and shall be deemed to be an employer. Up to
four members of an LLC or four officers of a
corporation in the construction industry may elect
an exemption.

Elective as to licensed real estate
brokers.

District of
Columbia

Compulsory as to all employment.

Separate act is compulsory for
all public employment, except
officers or employees of the U.S.,
state, or foreign government,
and uniformed D.C. police or
firefighters.

Farm laborers, casual employees, master or crew
of any vessel, employees of common carrier by
railroad in interstate commerce and commission,
and real estate brokers and salespersons who
are independent contractors.

Domestic workers covered if
employer employs one or more
for 240 hours or more in a
calendar quarter. Act applies to
injuries occurring outside of D.C.
if the employment is principally
localized in D.C.

Florida

Compulsory as to employers of four
or more; one or more in construction
or construction-related trades. In the
construction industry, up to three
corporate officers, including members
of a limited liability company (LLC),
may elect exemption from coverage. In
a nonconstruction industry, unlimited
number of corporate officers or a
member owning at least 10% of an LLC
may elect exemption from coverage.
Elective as to sole proprietors and
partners in the nonconstruction
industry.

Compulsory as to state and
political subdivisions, including
volunteers of government
entities, volunteer firefighters,
and elected officials.

Domestic servants, 11 or fewer regular farm
laborers, professional athletes, owner/operator
of a motor vehicle who is under written
contract with a motor carrier and assumes all
responsibility for carrying out the contract,
volunteers (except volunteers of government
entities), sports officials, real estate licensees,
musical and theatrical performers, Medicaidenrolled clients, and vehicle-for-hire drivers.

Voluntary as to excepted
employment. When a contractor
sublets part of his contract, the
contractor is responsible for
securing and paying coverage
for the subcontractor, unless
the subcontractor has secured
coverage or is exempt.

Georgia

Compulsory as to all employers of
three or more. Elective as to active
partners, sole proprietors, or farm
laborers.

Compulsory as to state, county,
and municipal corporations and
political subdivisions, including
school districts. Voluntary as to
planning commission.

Farm laborers, domestic servants, employees of
common carriers by railroad, casual laborers, and
licensed real estate salespersons and brokers.

Voluntary as to excepted
employment.

Hawaii

Compulsory as to all employment for
pecuniary gain. Compulsory as to all
out-of-state employers who work in
the state.

Compulsory as to all public
officials, elected or appointed.
Covers public board members.

Volunteers of religious, charitable, or nonprofit
organizations; domestics who earned less
than $225 during each quarter in the preceding
year; unpaid corporate officers with more
than 25% of shares of a corporation; and real
estate salespersons who perform services for
others and are compensated solely by way of
commission. Effective 7/7/11, services performed
by an individual who is a member of a limited
liability company or a partner of a limited liability
partnership who has a distributional interest in
the company or partnership of at least 50%, a
partner of a partnership, and a sole proprietor.

Voluntary as to employment not
defined as industrial.

Jurisdiction

Private

Public

Colorado

Compulsory as to all employment.
Corporate officers or members of a
limited liability company who are 10%
shareholders may reject coverage.
Elective as to working general partners
or sole proprietors.

Connecticut

16 | 2020 Analysis of Workers' Compensation Laws

2020 Analysis of Workers' Compensation Laws

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