Workers’ Compensation insurance is regulated on a State-by-State basis, and so there can be important differences in the way employers handle their Workers’ Compensation exposures in various states, and important differences educational requirements for an construction worker? how premiums are calculated. Here are some details, state by state, with links to important regulatory agencies. Most 800 numbers shown are for in-state calls only. A lot of the states are shown here with the notation “an NCCI state”.
This means that the state uses the various manuals, classification system, and experience rating formula developed by the National Council on Compensation Insurance, or NCCI. NCCI is not a regulatory agency, though sometimes people think it is. It is an independent not-for-profit corporation created by the insurance industry to consolidate and standardize the fine details of Workers Compensation insurance premium computation. NCCI is not the only Workers Compensation rating bureau in the U. Ohio’s monopoly fund does use the NCCI classification code system nowadays. Also, please keep in mind that the technical details regarding Workers’ Compensation and premium computation are always subject to change and revision.
AIM tries to keep this information current and accurate, but cannot guarantee that it is always so. To be prudent, we recommend that employers verify with appropriate insurance regulators any information pertaining to Workers’ Compensation insurance premium computation and coverage. Alabama is an NCCI state, so Workers Comp insurance policies follow NCCI manual rules. Alabama, employers can meet their Workers Comp obligations by either purchasing insurance, becoming a member of a group self-insurance trust, or by being approved as a self-insurer. If a company is incorporated or an LLC the officers and members are counted as employees. At the end of any calendar year, a corporate officer who has been exempted may revoke the exemption by filing written notice thereof with the Department of Insurance and the employer’s insurance carrier. If the corporate officer elects to be exempt from coverage, the election shall not relieve the corporation from continuing coverage for all other eligible employees who may have been covered prior to the election or who may subsequently be employed.
Sole Proprietors and Partners are excluded from Workers Compensation requirements unless they choose to file an election to accept the provisions of the Alabama Workers’ Compensation Law. Part I Form and file it with the Department of Insurance. This agency also regulates individual self-insurers and group self-insurance programs. Contact information for this body is as follows. In addition, executive officers in a for-profit corporation may exempt themselves by filing an Executive Officer Waiver with the Alaska Department of Labor and Workers Compensation.
Second Injury funds provide reimbursement to insurers and self-insured employers for claims of workers where it can be documented that the workers had a pre-existing condition that contributed to the claim. Employers must meet their Workers Compensation obligations by purchasing insurance from a private insurance company, or be authorized to self-insure. NCCI administers an Assigned Risk Plan for Arizona, which serves as the insurer of last resort for Arizona employers. Arkansas, employers must meet their Workers Compensation obligations by either purchasing an insurance policy from an approved insurer, or by being approved to be self-insured. Most employers with three or more employees must purchase Workers Compensation insurance.
For employers in the building trades, the threshold is two or more employees. Where a subcontractor is used, the threshold is one employee. Sole proprietors or partners who devote full time to the business are covered unless they elect to be exempted. This is different than in many other states, where sole proprietors and partners are not automatically eligible, and must elect to be covered.
However, a prime contractor would still be liable for uninsured workers of a subcontractor if those workers are not the sole proprietor or a partner. This means that all the rules and regulations that govern Workers Compensation insurance classifications, premium computation, and experience rating are set out in manuals from WCIRB, not NCCI. And some of the fine details regarding how experience modification factors are calculated are different also. Californiacan also elect to self-insure for Workers Compensation, but this is typically feasible only for larger employers.
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SCIF, or be approved for self-insurance. A roofing company is required to have Workers Comp insurance even if it has no employees. And unlike many other states, a real estate broker is required to cover its agents, even if they are independent contractors. Most states will generally allow an employer to go back at least as far as three years prior to the current policy. A corporate officer is defined as the chairperson of the board, president, vice-president, secretary, or treasurer who is an owner of at least ten percent of the stock of the corporation and who controls, supervises or manages the business affairs of the corporation. A member is defined as an owner of at least ten percent of the membership interest of the limited liability company at all times and who controls, supervises, or manages the business affairs of the limited liability company. A written contract may be helpful in proving independent contractor status.
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However, the actual facts of the work relationship are the most important evidence. All employers are required to either carry insurance from an approved insurer, or to be approved as a self-insurer by the CT Workers Compensation Commission. Disputes over Workers Compensation insurance premiums are handled by the Connecticut Insurance Department. Delaware and Pennsylvania share a unique non-NCCI classification system which does not match up one for one with the NCCI classification system.
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Additionally, the premium portion of payroll is not deductible for purposes of calculating Workers’ Compensation premiums. The District uses NCCI manual rules. Florida is also an NCCI state, so premiums, classification codes, and experience modification factors are per the manual rules of the National Council on Compensation Insurance. In Florida, non-construction employers must obtain valid Workers Compensation coverage once they have four or more full or part-time employees. But employers in construction work must obtain Workers Comp coverage once they have one or more part-time or full time employees. The officer is listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations. The corporation is registered and listed as active with the Florida Department of State, Division of Corporations.
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There is no limit to the number of corporate officers who can be exempt and there is no application fee. The officer owns at least 10 percent of the stock of the corporation, or in the case of an LLC, a statement attesting to the minimum 10-percent ownership. Florida do not incur liability under the Florida Workers Comp Act. One important and unique rule in Georgia, however, is that the reallocation of payroll among classifications on a policy is considered to be a change in classification, and thus subject to the limitations placed on insurance companies regarding changes of classification. In Georgia, an employer must obtain valid Workers Compensation coverage once the business has three or more full or part time employees. Until a few years ago, Hawaii operated its own independent rating bureau. Workers Compensation policy unless specifically exempt from the law.
More Idaho information, including who is exempt, is here. Idaho also maintains a competitive state fund for Workers Compensation, which means this state agency essentially competes with private insurance companies. Illinois is an NCCI state, with some important and unique regulations lacking in other states. See our separate section, Workers’ Compensation in Illinois, for details. Many people in the insurance business believe that Indiana is an NCCI state. Indiana maintains its own independent rating bureau, the Indiana Compensation Rating Bureau. This bureau uses NCCI for ratemaking, and uses the NCCI Basic Manual, but does not always follow NCCI classification interpretations.
For some classification codes, the Indiana rules can be significantly different than NCCI guidelines. Furthermore, the state exceptions for Indiana listed in the Scopes Manual are not complete. WC liability under the Indiana Workers Comp. Operator truckers, to file a Certificate of Exemption with the Indiana Department of Revenue.
However, according to published accounts, Indiana’s Insurance Department is kept deliberately powerless to actually do anything about insurance problems and complaints, so the above link is provided with a very large grain of salt. All payroll is taken into account, including that paid in Kansas or elsewhere. If the employer is a sole proprietor or a partnership, the wages paid to the owners and any of their family members are not used in the computation of the gross annual payroll. There is an exemption for employers engaged exclusively in agriculture. Most employees in Louisiana are covered from the day they start employment. Employees may be fulltime, part-time, seasonal, or minors.
The law does contain some limited exemptions. Domestic employees, most real estate salespersons, uncompensated officers and directors of certain non-profit organizations, and public officials are specifically exempted. Most volunteer workers would not be entitled to benefits. State, counties, cities, towns, water districts, other quasi-public corporations, municipal school committees, and design professionals. Injured Workers Insurance Fund, which is the successor to the Maryland State Fund. Chesapeake competes with private insurers, and Chesapeake also is the assigned risk plan for Maryland. And although a recent government study recommended that Chesapeake become a member of NCCI, Chesapeake is not yet a member of NCCI.
Historically, IWIF said that it used the NCCI classification system, but in actual practice IWIF could creatively interpret the assignment of classifications in ways different than NCCI itself would. Since Chesapeake is still not a member of the NCCI, NCCI cannot impose its own judgement about proper classification upon Chesapeake. Chesapeake also does not report loss and payroll data to NCCI for use in computing experience modifica“tion factors. Massachusetts maintains its own independent rating bureau — the Workers Compensation Rating and Inspection Bureau. So instead of following NCCI manual rules, Workers Comp insurance in Massachusetts computes premium charges and follows classification rules created by WCRIB. This requirement applies regardless of the number of hours worked in any given week, except that domestic service employees must work a minimum of 16 hours per week in order to require coverage. Nearly all employers in Michigan are subject to the Workers’ Disability Compensation Act.
The law requires that every covered employer must provide some way of assuring that benefits are paid to its workers if they become injured while on the jobl Most employers do this by purchasing an insurance policy from a private insurance company. However, some employers are granted self-insured status, and others join a group fund. I or more employees 35 hours or more per week for 13 weeks or longer during the preceding 52 weeks. All private employers regularly employing 3 or more employees at one time.
Agricultural employers if they employ 3 or more employees 35 hours or more per week for 13 or more consecutive weeks. Householders employing domestic servants if they employ anyone 35 hours or more per week for 13 weeks or longer during the preceding 52 weeks. CAOM also administers the Michigan Workers Compensation Placement Authority, which is that state’s Assigned Risk plan. Michigan also calculates its own separate experience modifier for Michigan exposure, and this mod is not combinable with other states in an interstate mod.
So an employer operating in both Michigan and in NCCI states will have two separate experience modifiers–one just for Michigan, and another for NCCI states. Michigan, does not regulate what classification codes insurers use on voluntary market WC business. Unlike Michigan, however, loss and payroll data is reported to NCCI for inclusion in interstate mods. Minnesota has been addressing the issue of independent contractors with specific legislation in recent years, and information on this can be found here.
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Domestic and farm labor, and employees of non-profit fraternal, charitable, religious or cultural organizations are not covered under the Law unless coverage is provided voluntarily by the employer. The Workers’ Compensation Law likewise does not apply to federal employees or certain transportation and maritime employments covered by federal compensation laws. Finally, independent contractors are ordinarily excluded from coverage although special protection is given to employees of subcontractors. Construction industry employers who erect, demolish, alter or repair improvements are subject to the law if they employ one or more employees.
Partners and sole proprietors may individually elect to obtain coverage. The law does exempt a very small and very specific group of employees, which includes farm laborers, domestic servants, certain real estate agents and direct sellers and commercial motor-carrier owner-operators. Nebraska is another NCCI state, which means Workers’ Compensation insurance premiums are computed in accordance with NCCI manuals and rules. WC fund to a system of competitive private insurance, and is now an NCCI state. The former Nevada monopoly State Fund has been reconstituted as a competitive mutual insurance company. This bureau has responsibility for creating manuals and rules of classifications and experience rating for New Jersey Workers Compensation insurance. The Department of Insurance doesn’t really exercise much oversight of Workers Compensation insurance, unlike most states.
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New York uses its own non-NCCI, independent rating bureau for Workers’ Compensation insurance, the New York Compensation Insurance Rating Board, which develops its own manuals and rules regarding classification and experience modifiers. Because of this, employers in New York actually lack certain important regulatory protections concerning Workers’ Compensation insurance premiums that employers in many other states enjoy under NCCI manual rules or specific state regulations. One unique aspect of New York Workers Compensation is that employers are required to obtain a separate coverage for workers’ disability from non-work related exposures, to protect workers from loss of income due to such a disability, just as the regular Workers Compensation coverage protects those workers from work-related disability. The manual for North Carolina WC is published by NCCI. North Carolina promulgates its own in-state experience mods, but also reports data to NCCI for use in interstate mods.
Insurance is regulated by the North Carolina Department of Insurance. North Dakota maintains a monopoly state fund for Workers’ Comp, meaning that private insurance is not allowed. Ohio does not permit private insurance for Workers’ Compensation. Instead, it maintains a monopolistic state fund. However, this state fund has just recently shifted to using the NCCI classification system for workplace exposures. Oklahoma has historically had a competitive state fund, but that is in process of being convereted into a mutual insurance company.
Pennsylvania shares with Delaware a unique non-NCCI classification system. Rules for classification, premium computation, and experience rating are the responsibility of the Pennsylvania Compensation Rating Bureau, a non-government agency licensed and regulated by the PA Insurance Department. Premium portion of overtime pay is not excluded from computation of Workers’ Compensation premium. Workers Compensation insurance is provided by private insurance companies, with a peculiar twist. The former Rhode island state fund was morphed into a mutual insurance company, Beacon Mutual.
That insurer now dominates Workers Compensation insurance in the state, by means of tactics that have been decried as unfair, and Beacon has been involved in high profile scandals in recent years involving political corruption, crony underwriting, and unfair competition. All employers with one or more workers in the state must obtain Workers Compensation coverage. Independent contractors are not eligible to claim benefits from those who retain their services, but must file a form with the Department of Business Regulation certify their independent status. Texas has become an NCCI state in 2014, adodting NCCI manual rules and shifting over to the new NCCI experience rating formula to develop experience modification factors in 2015. In the wake of a disastrous collapse of their old Workers’ Comp system more than aa decade ago, Texas instituted a number of significant reforms to their system and made it one of the more iconoclastic WC systems in the US.
Texas was not historically been an NCCI state, but that has changed in mid-2014. Texas has now adopted NCCI manuals and rules regarding classifications, premium computation, and experience rating. This website covers all insurance, not just Workers’ Comp. Click on the Workers’ Compensation link at the bottom of the page to get to specific Texas Workers’ Comp information. Utah also maintains a competitive State Fund for Workers’ Comp, which has recently been authorized to sell WC insurance in other states as well by the Utah legislature, through a subsidiary insurance company.
Washington maintains a monopoly state fund for WC, not allowing private insurance for this exposure. But this changed in 2005, when West Virginia adopted NCCI manuals regarding classifications, premium computation, and experience rating. Private insurers now compete with the former state fund that has been morphed into a mutual insurer. Wisconsin maintains its own non-NCCI rating bureau for determining classifications, premium computation, and experience rating.
In state experience modifiers are calculated by this independent bureau, but data is also provided to NCCI for interstate mods. Wyoming maintains a monopoly state fund for Workers Compensation and does not allow private insurance of this exposure. As a result, the web page can not be displayed. If you are a visitor of this website: Please try again in a few minutes.
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The goals of occupational safety and health programs include to foster a safe and healthy work environment. OSH may also protect co-workers, family members, employers, customers, and many others who might be affected by the workplace environment. In common-law jurisdictions, employers have a common law duty to take reasonable care of the safety of their employees. Statute law may in addition impose other general duties, introduce specific duties, and create government bodies with powers to regulate workplace safety issues: details of this vary from jurisdiction to jurisdiction.