2020 Analysis of Workers' Compensation Laws - 27

Chart II-Coverage of Laws, cont.
Employment1 Covered

 
Exceptions2, 3

Special Coverage
Provisions

Compulsory except for elected
officials of a city, town, or
municipality.

Outworkers; artists; entertainers; volunteer
workers; taxi drivers; fishing; performers; circus
operations; traveling shows; trade shows;
clergy; demonstrators or exhibitors; persons
employed in a private residence; newspaper
and other publications' delivery persons; sports
professionals, players, instructors, and coaches;
peddlers or door-to-door salespersons; and
salespersons not restricted to selling goods for
one manufacturer or supplier. Selling or similar
canvassing on streets; elected officials of a
city, town, or municipality; and president, vice
president, directors, and other officials of a
company (except where the occupation is carried
on as part of an industry to which the Workers'
Compensation Act applies).

Voluntary as to excepted
employment. The board may
include any excepted employer or
worker, a director or officer of a
corporation, and an independent
operator. Volunteers excluded
by regulations except volunteer
firefighters.

Compulsory as to all employment.

Compulsory as to all provincial
and municipal employment.

Domestics,25 sole proprietors, family-type
resource, intermediate resource, and corporate
officers covered upon request. Persons who play
sports as main source of income specifically
excluded.

Voluntary as to unenumerated
independent operators and
excepted employment.

Saskatchewan

Compulsory as to all employment
unless specifically excluded by
legislation.

Compulsory as to all provincial
and municipal employment,
including the reeve and
councilors of a rural municipality.
Municipalities may elect
coverage for all other elected
officials.

Over 30 specific industries and occupations
excluded, including farm and ranch laborers,
professional sports players, and school teachers.

Voluntary as to excepted
industries. Lieutenant governorin-council may exclude any
industry, employer, or worker.

Yukon
Territory

Compulsory as to all employment.

Compulsory as to Yukon
government.

Persons acting in a religious function as clerics,
members of a religious order, or lay readers;
persons working and residing outside of the
Yukon and having temporary business in the
Yukon; federal government, employees, banks,
and certain sole proprietors or partners.26

Optional coverage is subject to
specific terms and conditions
established by the board.

Jurisdiction

Private

Public

Prince
Edward
Island

Compulsory as to all employment
except as excluded by regulation.

Québec

Notes
1.
Compensation laws are classified as either
compulsory or elective. A compulsory law requires every
employer to accept the act and pay the compensation
specified. An elective act is one in which the employer
has the option of either accepting or rejecting (in
general, companies are included under the compulsory
act unless they opt out), but if an employer rejects
the customary common-law defense, risk is assumed
by employee, negligence of fellow servants, and
contributory negligence. In most states, workers in
exempt employment may be brought under coverage
of the act through voluntary action of the employer. In
other states, the employees must agree to such action of
the employer. State courts vary in decisions on whether
minimum of persons must be in state.
2.
Applies to private employment only. Exceptions for
public employment are under "Employment Covered-
Public."

Outworker is a person to whom articles or materials
are given out to be made up, cleaned, washed, altered,
ornamented, finished, repaired, or adapted in his or her
own home or on other premises not under the control or
management of the person who gave out the articles or
materials.
3.

Alabama-Employees of all county and city boards
of education, Alabama Institute for the Deaf and Blind,
and two-year colleges under state Board of Education
control. Special act covers employees of U.S.S. Alabama
Battleship Commission and authorizes excess medical
4.

care benefits up to $10,000 per employee. Special acts
also cover employees of Department of Agriculture
and employees of Tannehill Furnace and Foundry
Commission.

12.
Maryland-Jockeys or their dependents who are
covered employees while performing a service in
connection with training are eligible to apply for payment
from the Maryland Jockey Injury Compensation Fund.

5.
Alabama-Employer electing not to accept coverage
must notify each employee in writing. Regular employer
of a volunteer firefighter or rescue squad worker is in no
way liable for compensable injury.

13.
Minnesota-Less than $8,000 or less than the annual
state AWW when farm operation has total liability and
medical payment coverage equal to $300,000 and $5,000,
respectively, under a farm liability insurance policy and
the policy covers injuries to farm laborers.

6.
Colorado-Less than 40 hours and/or five days per
week.

Connecticut-Nonmembers of a civil preparedness
force and volunteer firefighters who are requested
by a municipality to aid in an emergency situation are
covered under the workers' compensation laws of the
municipality where the injury occurs and under the laws
where their company is located.
7.

8.

Idaho-Declaration must be filed with commission.

Idaho-Must be board member (if board exists) and
own at least 10% of all issued voting stock.
9.

10.
Maine-No compensation allowed if injury or death
of employee is brought about by willful intention to injure
or kill self or another or by intoxication while on duty.
11.
Maine-Employer required to carry liability insurance
with limits of at least $25,000 and medical coverage of
at least $5,000 for seasonal or casual agricultural or
agricultural workers.

2020 Analysis of Workers' Compensation Laws | 27

14.
Minnesota-Act does not apply to persons covered
by Domestic Volunteer Service Act of 1973, as amended.
Act also does not apply to an employee hired in North
Dakota by a North Dakota employer whose injury arises
out of temporary work in Minnesota. Temporary work is
defined as work in Minnesota for a period of time not to
exceed 15 consecutive calendar days or a maximum of
240 total hours worked by employee in a calendar year.
Other coverage exceptions are in Minn. Stat. §176.041.
15.
Missouri-Employers who do not elect coverage (or
obtain required coverage) are liable to civil suit.
16.
Nebraska-If an employer to whom the act applies
subsequently employs fewer than 10 unrelated full-time
employees, the employer must continue to provide
coverage for a full calendar year after becoming exempt.
17.
Oregon-Ownership interest not required for certain
corporate officers and directors of corporations whose
activities are on land that receives certain farm use tax
assessments and who are members of the same family,
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