2020 Analysis of Workers' Compensation Laws - 21

Chart II-Coverage of Laws, cont.
Employment1 Covered

 
Exceptions2, 3

Special Coverage
Provisions

Compulsory as to all public
employment.

Farm laborers, domestic servants, members of
boards of directors of business corporations,
casual workers, illegal enterprises or
occupations, clergy, and real estate brokers or
salespersons, and newspaper delivery personnel
with written agreements defining them as
independent contractors.

Voluntary as to nonhazardous and
excepted employment. General
contractor is responsible for
securing coverage and paying
premiums for its subcontractor
until subcontractor has secured
and paid for his or her own
coverage. Injuries caused by
intoxicants are not compensable.

Compulsory as to all employment.
Elective as to partners, sole
proprietors, and individuals
incorporated as a corporation.

Compulsory as to state, counties,
cities, townships, incorporated
villages, and school districts.

Casual and domestic workers paid less than $160
by one employer in any three-month period.

Elective as to officers of family
farm corporations and for
ordained or licensed ministers
in the exercise of their ministry.
Coverage provided for off-duty
firefighters, peace officers, and
emergency medical technicians
who respond to inherently
dangerous situations that call
for an immediate response-
regardless of jurisdiction of the
person's regular employment.

Oklahoma

Compulsory as to all employment.
Elective as to sole proprietors,
partners, persons who are a party
to a franchise agreement, members
of a limited liability company who
own at least 10% of the capital, and
stockholder-employees of a corporation
who own at least 10% of stock.

Compulsory as to all public
entities of the state, their
agencies and instrumentalities,
authorities, and public trusts of
which they are beneficiaries.

The following persons are excluded from the
Administrative Workers' Compensation Act: (1)
workers covered by federal law; (2) agricultural/
horticultural employees whose employer's
annual payroll is less than $100,000; (3) real
estate sales associates or brokers paid on
commission; (4) providers of services in medical
care or social service programs or participants in
work or training programs of the Department of
Human Services; (5) employers with five or fewer
employees all related to the employer by blood
or marriage; (6) youth sports leagues that qualify
for federal income tax exemptions; (7) certain
volunteers who receive no wages other than
meals, drug or alcohol rehabilitative therapy,
transportation, lodging, or reimbursement for
incidental expenses; (8) owner/operator truck
drivers; (9) drive-away owner/operators; and (10)
domestic and casual employees of homeowners
whose annual payroll is less than $50,000.

Excludes certain persons
required to work for the federal
government, the state, county,
or municipality on having been
convicted of a crime or while
incarcerated. An employee who
is incarcerated is ineligible to
receive medical or disability
benefits.

Oregon

Compulsory as to all employments.
With some exceptions, elective as
to sole proprietors, partners, limited
liability company members, and some
corporate officers17 who are also
directors with a substantial ownership
interest. Prime contractors may be
liable for providing coverage if not
otherwise provided. Elective as to
excepted employment.

Compulsory as to state,
department, cities, towns, and
other political subdivisions.
Covers volunteer trainees
in state schools for certain
industries. Excludes police and
firefighter employment in cities
with populations over 200,000
that provide a disability and
retirement system by ordinance
or charter.

Under specified circumstances, domestic
service; casual labor; interstate transportation;
volunteer, nonprofit, charitable, or relief work;
newspaper carriers; certain amateur athletes
and sports officials; certain recreational boating
guides; volunteer ski patrols; ACTION Program
volunteers; personnel covered under federal law;
owner-operators of certain motor vehicles; foster
care providers, golf caddies in an established
training program; soccer referees retained on
match-by-match basis; translators or interpreters
provided through a broker or agent; and
employers of qualified real estate brokers if the
latter meet independent contractor criteria.

Prime contractors liable
for providing coverage for
subcontractors and their
employees unless subcontractors
provide coverage.18

Jurisdiction

Private

Public

North
Dakota

Compulsory as to all hazardous
employment. Elective as to employers
and resident family members.

Ohio

2020 Analysis of Workers' Compensation Laws | 21
2020 Analysis of Workers' Compensation Laws

Table of Contents for the Digital Edition of 2020 Analysis of Workers' Compensation Laws
