Workers’ Compensation Requirements by State

State Funds

Voluntary/ Mandatory
Employer FAQ

Alaska

Any domestic worker except part-time babysitters, cleaning persons, harvest help and similar part-time or transient help

The Alaska Workers’ Compensation Act requires each employer having one or more employees in Alaska to obtain workers’ compensation insurance, unless the employer has been approved as a self insurer.

Alabama

Permits employers to provide voluntary coverage
The manner or method by which you choose to insure your workers’ compensation liability is your decision. Should you have any questions contact the Workers’ Compensation Division at 1-800-528-5166 or (334) 242-2868.

Arizona*

Permits employers to provide voluntary coverage
Since January 1974, Arizona law has required all public and private employers with at least one employee to carry workers’ compensation insurance. The law makes coverage optional for domestic servants, working partners and sole proprietors.

Arkansas

 Permits employers to provide voluntary coverage

Almost every working Arkansan is protected by the Workers’ Compensation Law, but there are a few exceptions. Businesses where there are two or fewer employees may not be covered. Railroad and maritime workers are covered by federal laws. The Arkansas Workers’ Compensation Law does not apply to employment of agricultural farm labor, domestic help, or employment by non-profit, religious, charitable or relief organizations. Also exempt from the law are personnel covered exclusively by federal law.

California*

Any domestic worker – including one who cares for and supervises children – employed 52 or more hours, or who earned $100 or more, during 90 calendar days immediately preceding date of injury or last employment exposing such worker to the hazards of an occupational disease. Excludes workers employed by a parent, spouse or child.
Required in every work situation, normally covered under your owners insurance, if not you can obtain a policy through the CA State Fund. The annual premium is based on the annual salary the employee makes, and then they monitor ALL the tax filings each quarter and then at the end of the year they will do a audit to make sure the client paid the correct premium.

Colorado*

Mandatory for all domestic workers working 40 hours or more in a week, or working 5 days or more in a week.
All public and private employers in Colorado, with limited exceptions, must provide workers’ compensation coverage for their employees if one or more full or part-time persons are employed. A person hired to perform services for pay is presumed by law to be an employee. This includes all persons elected or appointed to public sector service and all persons appointed or hired by private employers for remuneration. There are a few exemptions to this definition.

Connecticut*

Any domestic worker employed 26 hours or more per week by one employer.

Delaware*

Any domestic worker who earns $750 or more in any three month period from a single private home or household.
Employers with one or more employees are required to carry workers’ compensation insurance. Employers may not charge an employee any portion of the premium or expense of carrying workers’ compensation insurance. Workers’ Compensation benefits have certain entitlement requirements which must be met in order to receive benefits. The requirements are established by law in Title 19, Delaware Code and are administered by the Delaware Department of Labor, Division of Industrial Affairs, office of Workers’ Compensation. Workers considered to be independent contractors, rather than employees, are not covered.

District of Columbia*

Domestic workers employed by the same employer at least 240 hours during a calendar quarter.
You are required to have Workers’ Compensation insurance coverage if you have 1 or more employees.

Florida*

Permits employers to provide voluntary coverage.
If you are in an industry, other than construction, and have four (4) or more employees, full-time or part-time, you are required to carry workers’ compensation coverage (an exempted corporate officer does not count as an employee).

Georgia*

Permits employers to provide voluntary coverage
Every employer, individual, firm, association, or corporation, regularly employing three or more persons, part-time or full-time, shall provide workers’ compensation insurance coverage. Exempted officers of corporations or exempted members of limited liability companies shall not reduce the number of employees for this purpose.

Hawaii

Any worker employed solely for personal, family or household purposes whose wages are $225 or more during the calendar quarter and during each completed calendar quarter of the preceding 12 month period.

Idaho

Permits employers to provide voluntary coverage
Employers with one or more full-time, part-time, seasonal, or occasional employees are required to maintain a workers’ compensation policy unless specifically exempt from the law. Workers’ Compensation is required to be in place when the first employee is hired. Employment that may be exempt from required coverage includes: Household domestic service, Employment of family members living in the employer’s household (applies only to sole proprietorships)

Illinois*

Any worker or workers employed for a total of 40 or more hours per week for a period of 13 or more weeks during a calendar year by any household or residence.
Required is every work situation, please visit the IL industrial commission for more information.

Indiana

Permits employers to provide voluntary coverage.
All Indiana public and private employer-employee relationships (with a few exceptions, discussed below) are covered by the Worker’s Compensation and Occupational Diseases Acts. It does not matter how many workers are employed in a business; all employees must be covered.

Iowa

Any employee working in or about a private dwelling who is not a regular household member, whose earnings are $1,500 or more during the 12 consecutive months prior to an injury.

Kansas*

Any domestic worker if the employer had a total gross payroll for the preceding year of $10,000 or more for all workers under his employ

Kentucky

Two or more domestic workers regularly employed in a private home 40 or more hours a week. (Law has no numerical exemption for general employments.)

Louisiana*

No specific provisions for domestic employers.

Maine*

No specific provisions for domestic employers.

Maryland*

Any domestic worker whose earnings are $1000 or more in any calendar quarter from a private household. Domestic servants and their employers jointly may elect for the employee to be covered, even if the individual does not meet the earnings requirement.

Massachusetts*

Domestic workers employed 16 or more hours per week by an employer.

Michigan*

Any household domestic worker except those employed for less than 35 hours per week for 13 weeks or longer during the preceding 52 weeks.

Minnesota*

Household workers are excluded from the workers’ compensation coverage requirement.  This includes a domestic, repairer, grounds keeper, or maintenance worker at a private household who earns less than $1,000 cash during a quarter of the year unless more than $1,000 was earned in any quarter of the previous year.

Mississippi*

Missouri

Permits employers to provide voluntary coverage

Montana

Permits employers to provide voluntary coverage

Nebraska

Permits employers to provide voluntary coverage

Nevada

Permits employers to provide voluntary coverage

New Hampshire*

All household employers in NH must obtain coverage for any PT or FT domestic employee.

New Jersey*

All household employers in NJ must obtain coverage for any PT or FT domestic employee.

New Mexico

Permits employers to provide voluntary coverage

New York*

Any domestic worker employed (other than those employed on a farm) by the same employer for a minimum of 40 hours per week.

North Carolina*

Compulsory coverage. Covers domestic service if employer employs more than 10 full-time non-seasonal laborers.

North Dakota

Workers’ Compensation is not mandatory for household domestic workers.

Ohio

Any domestic worker who earns $160 or more in any calendar quarter from one employer.

Oklahoma

Any person who is employed as a domestic servant or as a casual worker in and about a private home or household, which private home or household had a gross annual payroll in the preceding calendar year of more than $10,000 for such workers.

Oregon

Permits employers to provide voluntary coverage

Pennsylvania*

Domestic workers are exempt. Voluntary coverage.

Rhode Island

Domestic workers are exempt. Voluntary coverage.

South Carolina*

Covers domestic service if employer employs four or more employees.

South Dakota

Any domestic worker employed more than 20 hours in any calendar week for more than 6 weeks in any 3 week period.

Tennessee

Permits employers to provide voluntary coverage

Texas*

Permits employers to provide voluntary coverage

Utah*

Compulsory Coverage. Any domestic worker employed for 40 or more hours per week by the same employer.

Vermont*

Not required for private households. Voluntary coverage.

Virginia*

Domestic employees are excluded. Voluntary coverage.

Washington

Compulsory coverage Two or more domestic workers if regularly employed in a private home for 40 or more hours per week. (Law has no numerical exemption for general employments.)

West Virginia*

Permits employers to provide voluntary coverage

Wisconsin*

Permits employers to provide voluntary coverage.

Wyoming

Domestic employees are excluded. Voluntary coverage

*GTM Employment Benefits, LLC is a licensed broker in AZ, CA, CO, CT, DC, DE, FL, GA, IL, KS, LA, MA, MD, ME, MI, MN, MS, NC, NH, NJ, NY, PA, TX, UT, VA, VT, WI, WV.

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