2020 Analysis of Workers' Compensation Laws - 24

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

Private

Public

Washington

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

Compulsory as to all public
employment.

 
Exceptions2, 3

Special Coverage
Provisions

Domestic servants in a private home by an
employer who has less than two employees
regularly employed 40 or more hours a week
in such employment; any person employed
to do gardening, maintenance, or repair in
private homes; a person whose employment
is not in the course of the trade, business, or
profession of his or her employer and is not in
or about the private home of the employer; any
person performing services in return for aid or
sustenance only, received from any religious
or charitable organization; sole proprietors or
partners; voluntary law enforcement officers;
railway workers; volunteers in charitable
organizations (entitled to medical aid coverage
only); children under 18 employed by their
parent(s) in agricultural activities on family farm;
jockeys; services performed by a newspaper
vendor, carrier, or delivery person selling or
distributing newspapers who, using his or her
own equipment, chooses to submit material for
publication for free or a fee when such material
is published; services performed by a booth
renter. However, a person exempted under this
subsection may elect coverage under RCW
51.32.030; services performed by an insurance
producer as defined in RCW 48.17.010, or a line
broker licensed under chapter 48.15 RCW; any
bona fide officer of a corporation voluntarily
elected or voluntarily appointed in accordance
with the articles of incorporation or bylaws of the
corporation, who at all times during the period
involved is also a bona fide director, and who is
also a shareholder of the corporation; 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; members
of a limited liability company, if either:
(a) Management of the company is vested in its
members, and the members for whom exemption
is sought would qualify for exemption under
subsection (5) of this section were the company a
sole proprietorship or partnership; or
(b) Management of the company is vested in one
or more managers, and the members for whom
the exemption is sought are managers who
would qualify for exemption under subsection (8)
of this section were the company a corporation.
A driver providing commercial transportation
services; for-hire vehicle operators who own
or lease the for-hire vehicle; chauffeurs; and
operators of taxicabs.

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

24 | 2020 Analysis of Workers' Compensation Laws
2020 Analysis of Workers' Compensation Laws

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