Contractors Choice Agency
StateState Workers' Comp DivisionWorkers' Compensation StatuteCovered EmployeesPersons Not CoveredAlabamaAlabama Department of LaborAlabama Code §25-5-1 et seq.Most employees are covered.Domestic servantsFarm laborersCasual employeesEmployees of business with less than five peopleLicensed real estate brokersProduct demonstratorsAlaskaDepartment of Labor & Workforce DevelopmentAS §23.30.005, et. seqMost employees are covered including any person employed by the State or its political subdivision or a personemploying one or more persons in connection with a business or industry carried on in Alaska.Part-time babysittersDomestic servantsHarvest and similar transient helpContract entertainersStatutorily-defined taxi cab driversStatutorily definedcommercial fishermenArizonaIndustrial Commission of ArizonaArizona Revised Statutes Annotated §§ 23-901, et seqEvery person in theservice of the state, any political subdivision, or any person in the service of anyemployer subject to the workers' compensation provisions is considered to be an employee.Casual employees or not in the usual course of a tradeIndependent contractorsArkansasArkansas Workers' Compensation CommissionArkansas Code Annotated § 11-9-101 et seqAny person, including a minor, whether lawfully or unlawfullyemployed under any contract of hire, written or oral, express or implied.Agricultural farm laborersState employeesCasual employeesInmatesCaliforniaDepartment of Industrial RelationsCalifornia Labor Code Division 3, section 2700 through Division 4.7, section 6208Every person in the service of an employer under anyappointment or contract of hire or apprenticeship, express or implied, oral or written,whether lawfully or unlawfully employed.Domestic employees employed by his or her parent, spouse, or childDeputy sheriffs or deputyclerksPersons performing services in return for aid or sustenance onlyPersons officiatingamateur sporting events (including intercollegiate or interscholastic sports events)Any person performing voluntary services at or for a non-profit recreational campor as a ski patrollerColoradoDepartment of Labor and EmploymentColorado Revised Statutes §8-40-101, et seqEvery person in the service of any person, association of persons, firm, or privatecorporation, under any contract of hire, express or implied, including aliens and alsoincluding minors, whether lawfully or unlawfully employed.InmatesVolunteersDrivers under a leaseagreement with a common carrier or contract carrierConnecticutWorkers' Compensation CommissionConnecticut General Statutes Sections 31-275 through 31-355a, et seqAny person who has entered into or works under any contract of serviceor apprenticeship with an employer.Sole proprietor or business partnersIndependent contractorsCasual employeesDelawareDepartment of LaborDelaware Code Annotated Title 19, §§ 2301-2397Every person in service of any corporation, association, firm orperson under any contract of hire or performing services for a valuable considerationA spouseand minor children of a farm employer if they are not named in an endorsement to thefarm employer's contract of insuranceCasual employeesAny person to whom articles or materials are furnished or repaired, or adopted forsale in the employee's own home, or on the premises not under the control ormanagement of the employerDistrict of ColumbiaDepartment of Employment ServicesDistrict of Columbia Code Annotated §32-1501, et seqEvery person, including a minor, in the service of another under anycontract of hire or apprenticeship, written or implied,An employee whose employer is an uninsured sub-contractor can assert a claim againstthe general contractorFloridaDepartment of Financial ServicesChapter 440, Florida Statutes, et seq.Every person in the service of any person, association of persons, firm, or privatecorporation, under any contract of hire, express or implied, including aliens and alsoincluding minors, whether lawfully or unlawfully employed.Independent contractor (excluding the construction industry)Licensed real estate brokersBands, orchestras, and musical and theatrical performers, including disc jockeysCausal employees,Volunteers (most)Certain taxicab, limousine, or other passenger vehicle-for-hire driversSome sports officialsGeorgiaGeorgia State Board of Workers' CompensationOfficial Code of Georgia Annotated §§ 34-9-1, et seqEmployees of a business that employee three or more employees and some unpaid persons can be considered employees under limited circumstances.Railcommon carriers engaged in interstate or intrastate commerceFarm laborersDomesticservantsLicensed real estate salespeople or associate brokersIndependentcontractorsHawaiiDepartment of Labor and Industrial RelationsHawai`i Revised Statutes, Chapter 386Anyindividual in the employment of another person.Some exceptions for primary and secondary contractorsIdahoIndustrial CommissionIdaho Code § 72-101, et. seq.Any person who has entered intothe employment or who works under contract of service or apprenticeship with, anemployer.Domestic servantsCasual workersPilots ofagricultural spraying or dusting planesReal estate brokers and real estatesalesmenVolunteer ski patrollersOfficials of athletic contests involving secondaryschoolsIllinoisIllinois Workers' Compensation Commission820 Illinois Compiled Statutes Annotated 305/1, et seq.Every person under the service of another or under a contract for hire. Certain businesses are considered "extra-hazardous" with all employees coveredautomatically by law.Real estate brokers/salespeople on commissionFarmersJurorsIndianaWorkers' Compensation Board of IndianaInd. Code § 22-3-1-1 et seq.Every person, including minors, contractors orapprenticeship, written or implied, except one whose employment is both casual and notin the course of trade, business, occupation, or profession of the employer.Railroad engineers, firemen, conductors, brakemen, flagmen, baggage men,Foremen in charge of yard engines,Employees of a fire or police department, of any municipality whopartake in a firefighter's or police officer's pension fund,Casual laborers,Farm or agriculturalemployees,Household employees.IowaIowa Workforce DevelopmentIowa Code §85.1 et seq.All employees not specifically excepted are covered.Householdemployees earning less than $1,500 during 12 months prior to an injuryCasualemployees earning less than$1,500 for 12 consecutive months prior to an injuryAgricultural employees where theemployer's nonexempt cash payroll is less than $2,500 for the preceding calendar yearRelatives of farm employer and employer's spouseOfficers of family farmSome officers of a corporationKansasDepartment of LaborKansas Statutes Annotated §44-501 et seqAny person who has entered into theemployment of or works under any contract of service or apprenticeship with anemployer.N/AKentuckyKentucky Labor CabinetKentucky Revised Statutes § 342.0011 et seq.; 803 Kentucky AdministrativeRegulations. 25:009 et seq.All persons, including minors, lawfully or unlawfullyemployed under any contract of hire; helpers, paid or not, if hired with the knowledge ofthe employer; corporate executive officers; volunteer fire, police, civil defense personnel ortrainees and members of the National Guard on active duty; newspaper sellers ordistributorsDomestic servants, if there are less than tworegularly employed in a private home for 40 hours or less per weekMaintenance, repairand similar employees employed in a private home if the employer has no otheremployees subject to Workers' CompLouisianaLouisiana Workforce CommissionLouisiana Revised Statutes Annotated §23:1021 et seq.Louisiana Revised Statutes Annotated §33:2581Most persons in an employment setting including all persons in the service of the state, or a political subdivision or of any incorporatedpublic board, or under any appointment or contract of hire.Employees of private residential householdand private unincorporated farmsMusiciansand performers under contractMaineWorkers' Compensation BoardMaine RevisedStatutes Annotated, title 39-A, or 39-A M.R.S.A. § 101 et seq.Every person in the service of another under any contract ofhire, express or implied, oral or written."Independent contractorsPersons engaged in maritime employment covered under admiralty lawCertain agricultural employeesMarylandWorkers' Compensation CommissionMaryland Code Ann., Lab & Empl. §9-101 (2014) et seq.; Code of Maryland Regulations(COMAR) Title 14, §09.01.01 et seq.Any regular payroll employee is a covered employee while in the service of an employerIndependent contractorsVarious other persons employedMassachusettsExecutive Office of Labor and Workforce DevelopmentMassachusetts General Laws, Chapter 152Any person in the service of another under any contract of hire, express or implied, oral or written.??Masters of and seamen on vessels engaged in interstate or foreign commercePersons employed to participate in organized professional athleticsReal estate brokers and other sales people working on commission onlyPersons employed by an employer engaged in interstate or foreign commerce but only so far as the laws of the United States provide for compensationCasual employmentMichiganDepartment of Licensing and Regulatory AffairsMichigan Compiled Laws Annotated 418.101-941Any employee "in the service of another, under any contract ofhire."Exclusions for smaller employersSome agricultural employees and domestic workers and real estate brokers/agentsMinnesotaDepartment of Labor and IndustryMinnesota Statutes Annotated Ch. 175A and 176, et seq.Any person who performs services for another for hire.Farmers or members of their familywho exchange work with other farmers in the same communityOther various exceptionsMississippiWorkers' Compensation CommissionSection 71-3-1 et. seq., MISS. CODE ANNAny person, including a minor, whether lawfully or unlawfullyemployed in the service of an employer under any contract of hire or apprenticeship,written or oral, express or implied.Independent contractorsOther various exceptionsMissouriDepartment of Labor and Industrial RelationsChapter 287 R.S.Mo. 2005Any person in the service of an employer under contract of hire, appointment or election,including officers of corporations.Owner/operators of leased trucks ininterstate commerceFarm laborDomestic servantsFamilychauffeurs and licensed real estate agentsInmatesVolunteers of tax exemptorganizationsSports officials,Direct sellersMontanaDepartment of Labor and IndustryMont. Code Ann. § 39-71-101, et.seqMost employed persons except for those listed in the statute.Domestic servantsCasual employmentDependent member of employer's familyCertain sole proprietorsReal estate brokers or salesmenDirect sellersCertain officials at athletic eventsFreelancephotographers and authorsNewspaper carriersCosmetologist or barber servicesPetroleum land workersProfessionals; jockeysOrdained ministersOfficeror manager of a ditch companyPersons working for enrolled tribal members whooperate solely within the exterior boundaries of Indian reservationsNebraskaWorkers' Compensation CourtNebraska Revised Statutes § 48-101 et. seq.Employees of the state, everygovernmental agency created by it, and every employer in Nebraska, including nonresidentemployers performing work in the state employing one or more employees in theregular trade, business, profession, or vocation of such employerDomestic servantsAgricultural operations employeesEmployees of railroad companiesengaged in interstate or foreign commerceNevadaDepartment of Business & IndustryNev. Rev. Stat. Chapters 616A-616D, Nev. Rev. Stat. Chapter 617Every person in the service of an employer under any appointment or contract of hire orapprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.Casual employeesTheatrical or stager performersMusicians whose services do not last more than two consecutive daysDomestic workersVoluntary ski patrolSports officials paid a nominal feeAny member of clergyReal estate brokersDirect sales persons working on commissionNew HampshireWorkers' Compensation DivisionNew Hampshire Revised Statutes Annotated 281-AAny person in the serviceof an employer under any express orimplied, oral or written, contract of hireRailroad employee engaged ininterstate commerceDirectsellersReal estate brokers, agents or appraisersPeople providing services aspart of a residential placement for individuals with developmental, acquired oremotional disabilitiesNew JerseyDepartment of Labor and Workforce DevelopmentNew Jersey Statutes Annotated 34:15-1 et seq.Most employees are covered with some exceptions.Independent contractorsDomestic workersEmployee who is willfully negligentInmatesCausal employeesNew MexicoWorkers' Compensation AdministrationNew Mexico Workers' Compensation Act, New Mexico Statutes Annotated §§52-1-1, etseqMost employees are covered.Farm employeesDomestic servantsReal estate agentsPersons who file a written waiver with the State of NewMexicoNew York StateWorkers' Compensation BoardWorkers' Compensation Law of the State of New YorkMost employees in the State of New YorkDomestic employees working less than 40 hoursper weekClergymenEmployees of municipalities and other political subdivisions whoare not engaged in hazardous employmentUniformed sanitation workers, firefighters andpolice officers in the employment of the City of New YorkBabysitters and minors overthe age of 14 engaged in casual employment in and about one-familyLongshoremen and harbor workersRailroad employeesAnyone engaged in yard work or household chores or makingrepairs or painting in and about a one-family owner-occupied residenceNorth CarolinaIndustrial CommissionN.C. Gen. Stat. §97Any person engaged in employment under any employment orcontract of hire or apprenticeship, express or implied, oral or written, including aliens andalso including minors, whether lawfully or unlawfully employed.Casual employees and those not in the course of the trade, business, professionor occupation of his or her employerNorth DakotaWorkforce Safety and InsuranceNorth Dakota Century Code Title 65 (Chapters 65-01 through 65-10)Every person who performs services for anotherfor pay including all elected and appointed officials of the state and itspolitical subdivisions, the legislative assembly, elective officials of the state's counties, andall elective peace officers of any city and aliens, county general assistance workers, and minors.Independent contractorsCasual employeesAny person who is engaged in an illegal enterprise or occupationSpouse or child underthe age of 22, of the employerReal estate broker or real estate salespersonMembers of the board of directors of a business corporationNewspapers delivery personsOhioBureau of Workers' CompensationOhio Revised Code §4121.01 et. seq.Ohio Administrative Code §4121-01 et. seq.Any person in the service of the state, or any county or municipalcorporation, and any person in the service of any person, firm, private or publiccorporation that employs one or more employees or operatives regularly in the samebusiness or in or about the same establishment under any contract of hire, express orimplied, oral or writtenN/AOklahomaWorkers' Compensation CourtOkla. Stat. tit. 85, §§ 301-413Any person engaged in the employment of an employer covered by the terms of the Workers' Compensation Code including members of the Oklahoma National Guard and participants in a sheltered workshop program certified by the U.S. Department of Labor.?Horticulture employees not employed in using motorized machinesLicensed real estate brokersEmployees providing services in medical care or social services programAnyone employed by employer with less than five employees all related by blood or marriageEmployees of youth sports leagues qualifying as tax-exemptSole proprietorsVolunteersOwner-operators who lease tractor-trailers or trucks for hireDomestic servants in private homeOregonWorkers' Compensation DivisionWorkers'Compensation Law. Or. Rev. Stat. § 656.001Any person, including a minor, whether lawfully or unlawfullyemployed, who works for pay, including salaried, elected and appointed officials of thestate, state agencies, counties, cities, school districts and other public corporations.Inmate or ward of a stateinstitutionCasual employeesPennsylvaniaBureau of Workers' CompensationWorker's Compensation Act of June 24, 1996, P.L. 350, No. 57All natural persons who perform services for another for a valuableconsiderationCasual employeesRhode IslandDepartment of Labor & TrainingR.I. Gen. Laws. 27-7.1-1, et. seq.;Any person who has entered into the employment of or works under thecontract of service or apprenticeship with any employer. Any person employed by the State ofRhode IslandSworn employees employed by the State of Rhode IslandCasual employeesFarmersNursery workersFarm laborersReal estate brokersSales personsSouth CarolinaWorkers' Compensation CommissionS.C. Code Ann. § 42-1-110 et seq.Every person engaged inemployment under any appointment, contract of hire or apprenticeship, express or implied,oral or written including members of the State and National GuardCasual employeesSouth DakotaDepartment of Labor and RegulationSDCL Title 62Every person, including a minor, in the services of another underany contract of employment, express or implied.VolunteersIndependent contractorsDomestic servants working less than 20 hours in anycalendar week and for more than six weeks in any thirteen week periodFarm oragricultural laborersTennesseeDepartment of Labor and Workforce DevelopmentT.C.A. § 50-6-101, et seq?Every person under contract of hire or apprenticeship, written orimplied, including a paid corporate officerSome undocumented workersTexasDepartment of InsuranceTexas Labor Code Annotated § 401.001 et. seqPersons in the service of another under a contract of hire including anyone working in the usual course and scope of the employer's business who is temporarily askedto perform services outside the usual course and scope of the business and persons who are trainees under the Texans Work program.Independent contractorsFederal employeesOther excluded personsUtahLabor CommissionUtah Code Annotated §34A-2-101, et seq.Employees include those engaged in government service, any express or implied contractof hire, lessees of mining property, and owners of a partnership or sole proprietorship ifan election is made.Real estate agents or brokersVermontDepartment of LaborVermont Statutes Annotated title 21, § 601 et seqPersons who are employed works under acontract of service or apprenticeship with an employerCasual employeesPersons engaged in amateur sportsPersons engaged in farm oragricultural employment for an employer with an aggregate payroll of less that $10,000per yearMembers of an employer's family dwelling in the employer's housePersonsengaged in any type of service in or about a private dwellingSole proprietors orpartners/owners of an unincorporated businessRealestate broker or real estate salespersonsCertain members of a corporation or LLCIndependent contractorsAssistant judgesIllegallyhired minorsVirginiaWorkers' Compensation CommissionVirginia Workers' Compensation Act, Title 65.2 Code of Virginia 1950Persons, including aliens andminors, in the service of another under any contract of hire or apprenticeship, written orimplied, whether lawfully or unlawfully employedPersons whose employment is not within the usual course of the employer's businessWashingtonDepartment of Labor and IndustriesRCW 51.04.010 to 51.98.080Employees, and independentcontractors, the essence of whose contract is his or her personal labor including all officers of the state, state agencies,counties, municipal corporations, or other public corporations, or political subdivisions.Certain workers for businesses registered within the Registration of Contractors or licensed Electricians and Electrical InstallationsDomestic servantsHome gardening andmaintenance workersEmployees not in the course of the trade, business, or profession ofthe employerServices performed in return for aid or sustenanceSole proprietors orpartnersMinor children employed by parents for agricultural activities on thefamily farmJockeysCertain officers of a corporationEntertainers for specificperformancesNewspaper deliveryServices performed by an insurance producerServices performed by a booth renter, and certain LLC activitiesWest VirginiaOffices of the Insurance CommissionW. Va. Code § 23-1-1 et seq.All persons inthe service of employers and employed by them for the purpose of carrying on theindustry, business, service or work in which they are engagedDomestic servants,Employers of five or fewer full-time employees engaged in agricultural serviceChurch workersCasual employeesEmployees engaged in organized professional sports activities, includingemployers of trainers and jockeys engaged in thoroughbred horse racingVolunteer rescue or policeFederal employeesWisconsinDepartment of Workforce DevelopmentWis. Stat. §102.01-.89 (2011)Most workers and contract workersDomestic servantsMost volunteersWyomingDepartment of Workforce ServicesWyoming Statutes § 27-14-101, et seqAny person engaged in any extra hazardousemployment under any appointment, contract of hire, or apprenticeship, express orimplied, oral or written, and includes legally employed minors, aliens authorized to workby the United States DOJ.Casual employeesSole proprietorsOfficer of a corporationIndependent contractorsProfessional athletesEmployee in a private homeFederal government employeesElected officialsVolunteersMembers of LLCsFoster parentsChildcare workers who are paid by the Wyoming Dept. of Family Services ................
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