2020 Analysis of Workers' Compensation Laws - 25

Chart II-Coverage of Laws, cont.
Employment1 Covered

 
Exceptions2, 3

Special Coverage
Provisions

Compulsory for all public
employment. Elected officials
may opt out of coverage.

Sole proprietors, partners, and limited officers;
employers of five or fewer full-time employees
in agricultural service; employers of domestic
servants; employers of casual employees;
churches; employers engaged in organized
professional sports activities; and certain
volunteer groups organized under government
entities or political subdivisions, such as rescue
squads, emergency medical services, and police
auxiliary units.

Out-of-state employees entering
West Virginia for a period of
30 days or less do not need to
obtain West Virginia coverage.
Employers and employees under
certain circumstances can agree
to be covered by a state other
than West Virginia even when
working for more than 30 days in
West Virginia. See W. Va. Code
St. R. §85-8-1 et seq.

Compulsory as to all employment of
three or more employees (except farm
labor), or if payroll is $500 or more in
any calendar quarter for services in the
state. Compulsory as to farmers with
six or more employees who work 20 or
more days in a calendar year.

Compulsory as to all employees,
including state legislators.
Includes certain vocational
education students.

Domestic servants; any person whose
employment is not in the trade, business,
profession, or occupation of the employer; some
farm employees; volunteers, including volunteers
of nonprofit organizations that receive money or
other things of value totaling not more than $10
per week; religious sect members who qualify
and are certified for an exemption; employees
of Native American tribal enterprises (including
casinos), unless the tribe elects to waive its
sovereign immunity and voluntarily becomes
subject to the Act; and real estate brokers,
agents and salespersons that satisfy the two
elements pursuant to S. 452.38, Wis. Stats.

Voluntary as to excluded
employment. Elective as to
working sole proprietors,
partners, and members of limited
liability companies. Includes
participants in community
work experience programs.
Independent contractors are
considered employees of any
employer for whom they are
working, except when the
independent contractor meets
certain enumerated conditions.

Wyoming

Compulsory as to enumerated extrahazardous industries and occupations
conducted for gain. Elective as to
corporate officers.

Compulsory as to all state
employees (including employees
of the University of Wyoming),
counties, and municipal
corporations when engaged in
extra-hazardous work.

Casual employees, independent contractors,
private household workers, federal employees,
interstate trucking without a fixed base in
Wyoming, and sole proprietors and partners.

Elective as to all nonrequired
industries and occupations.
Specific volunteers require
coverage.

American
Samoa

Compulsory. Elective as to employers
with fewer than two employees
("minor employers").

Compulsory as to all public
employment.

 

If employee of "minor employer"
files a written complaint that
such employer is engaging in an
occupation that is hazardous to
the employee, the employer has
to appear and show cause to the
commission as to why he should
not be liable for such coverage.

Virgin
Islands

Compulsory as to all employment.
Elective as to partners and sole
proprietors.

Compulsory as to all public
employment.

Casual and domestic employees and volunteers
for charitable organizations.

Voluntary as to exempt employers
and employees.

FECA

 

All civil employees of the U.S.
government, including wholly
owned instrumentalities.

 

 

Longshore
Act

Compulsory as to all maritime
employment nationwide, including
longshoring, harbor working,
shipbuilding, and ship repair.

Officers and employees of the
U.S. or any state or foreign
government are not covered.

Master or crew of any vessel and persons
unloading or repairing vessels of less than 18
tons.22 Not applicable to maritime employment in
Puerto Rico.23

Act also applies to workers
at military bases and public
workers abroad, welfare and
morale service workers for
military abroad, and workers for
non-appropriated funds (ship's
services, PXs, etc.) in the U.S. and
abroad.

Alberta

Compulsory as to all nonexempt
employment. Elective as to corporate
directors, employers, partners, and
sole proprietors.

Compulsory as to provincial
employees. Most school teachers
exempt.

Employments listed in Schedule A of the
Workers' Compensation Regulation.

Voluntary as to exempted
employment and corporate
directors. Board may include any
individual or class by order.

Jurisdiction

Private

Public

West
Virginia

Compulsory as to all employment.
Sole proprietors, partners, and limited
officers may opt out of coverage.

Wisconsin

2020 Analysis of Workers' Compensation Laws | 25
2020 Analysis of Workers' Compensation Laws

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