2020 Analysis of Workers' Compensation Laws - 22

Chart II-Coverage of Laws, cont.
Employment1 Covered

 
Exceptions2, 3

Special Coverage
Provisions

Compulsory as to all employment.
Elective as to executive officers.

Agricultural workers, unless the employer is
otherwise covered or pays wages of $1,200 or
more in one year to one employee or employs
one worker in one year for 30 or more days;
licensed insurance agents; domestic servants
and those spouses or children under 18 years of
agricultural employers, unless they work under a
written contract filed with the bureau; licensed
real estate salespersons or licensed insurance
agents. Those employees covered by the federal
Longshore and Harbor Workers' Compensation
Act and the federal Merchant Marine Act.19

Voluntary as to casual and
domestic service. By application
to the bureau, employers may
be exempt from covering an
employee whose religious sect
prohibits benefits, provided
sect makes provisions for its
members. Both professional
employer organizations and their
clients are considered employers
under the Act. Therefore, the
professional employer agreement
must specifically enumerate
whether the professional
employer organization or the
client is responsible for providing
coverage.

Compulsory as to all employers of one
or more employees. Corporate officers
(as defined by the department) are
included. Sole proprietors and partners
are excluded.

Compulsory as to the state and to
the city of Providence; elective as
to cities or towns.20

Certain agricultural and domestic service,
professional hockey teams, and certain real
estate persons.

Voluntary as to certain
agricultural and domestic service.
Excludes employer-sponsored
social or athletic events.

South
Carolina

Compulsory as to all employers of four
or more, full-time or part-time. Elective
as to partners and sole proprietors.
Corporate officers are included unless
they reject.

Compulsory as to all public
employment, except elected and
appointed officials. Coverage
extended to members of the state
and National Guard.

Casual employees, persons engaged in selling
agricultural products, farm laborers, railroads,
express companies, state and county fair
associations, employers with annual payroll less
than $3,000, and licensed real estate agents who
are independent contractors working on straight
commission and working for a broker that does
not control the agent. Owner/operator truckers
are exempt from the statute with exceptions.

Voluntary as to excluded
employment and corporate
officers. Department of Parole
and Community Corrections may
elect coverage for convicted
persons performing community
service or participating in a work
program.

South
Dakota

Compulsory as to all employment.
Elective as to employer performing
labor incidental to job.

Compulsory as to all public
employment, except elected or
appointed officials. Firefighters
covered. Subdivisions of state
may elect to cover elected and
appointed officials. Students
in vocational work programs
covered.

Farm laborers and domestic servants if
employed less than 20 hours in any week and
less than six weeks in any 13-week period,
workfare participants, and truck drivers who are
independent contractors certified by the Labor
Department.

Voluntary as to farm labor and
domestic service. Compulsory as
to operators of farm machinery.

Tennessee

Compulsory as to all employers of five
or more. Corporate officers may reject.
Employers with fewer than five may
elect coverage. Elective as to partners
and sole proprietors.

Voluntary as to state and political
subdivisions.

Farm laborers, domestic servants, casual
employees, employees of interstate common
carriers, and voluntary ski patrol persons.

Subcontractors and construction
industry covered even if
fewer than five employees. In
construction, sole proprietors,
partners, LLC members, and
corporate officers are required
to cover themselves or be listed
on the Secretary of State's
exemption registry.

Texas

Elective as to all employment. Farm/
ranch operators may elect to cover
self, partner, corporate officers, or
family members.

State provides self-insurance
coverage for Texas Department
of Transportation, University
of Texas System, Texas A&M
University, Texas Tech University
System, and all state employees.
Counties, municipalities, and
other political subdivisions
may provide compensation for
employees through commercial
coverage, self-insurance, or
interlocal agreements.

Domestic or casual workers engaged in
employment incidental to a personal residence,
persons covered by a method of compensation
established under federal law, and qualified farm
and ranch employees.

 

Jurisdiction

Private

Public

Pennsylvania

Compulsory as to all employment.
Elective as to executive officers
(defined as individuals who have either
ownership interest in a subchapter S
corporation or at least 5% ownership
in a subchapter C corporation or
who serve without pay in a nonprofit
corporation).

Rhode
Island

22 | 2020 Analysis of Workers' Compensation Laws
2020 Analysis of Workers' Compensation Laws

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