This is an NCCI state.  Employers must either purchase a Workers Compensation insurance policy from an approved insurance company, or be approved to self-insure (realistic only for larger employers.)  Employers with more than four employees (full or part-time) must have Workers Comp insurance (or obtain coverage via another approved method.)  In 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.  One other option is to obtain coverage by means of a PEO (Professional Employer Organization)—otherwise known as employee leasing.  

If a company is incorporated or an LLC the officers and members are counted as employees. And all employers with more than four (4) employees are required by Law to carry workers’ compensation insurance.  However, an officer may elect to be exempt by filing a WC15 (Officer Exemption Notice) to the Department of Industrial Relations, Workers' Compensation Division and the employer's insurance carrier.

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. To accept the provisions of the workers' compensation law and be covered by a workers' compensation policy, Sole Proprietor/Partner(s) must complete a WC14 Part I Form and file it with the Department of Insurance.  Once filed, the WC14 stays in effect until it is withdrawn by the Sole Proprietor/Partner(s) by filing Part II of the WC14.

In Alabama, Workers Compensation claims matters are handled by:

DEPARTMENT OF INDUSTRIAL RELATIONS

WORKERS' COMPENSATION DIVISION

649 MONROE STREET

MONTGOMERY, ALABAMA 36131

(334) 242-2868

1-800-528-5166

Website: http://dir.alabama.gov/wc

This body also regulates individual self-insurers and group self-insurance programs.

Disputes about Workers Compensation insurance (including premiums) are the province of The Alabama Department of Insurance.  Contact information for this body is as follows.

Regular U.S. Mail Address:
Alabama Department of Insurance
 P O Box 303351
Montgomery, AL 36130-3351

Overnight Address:
Alabama Department of Insurance
201 Monroe Street
Suite 1700
Montgomery, AL 36104

Phone Numbers, Fax Numbers, & Email Addresses
Phone: 334-269-3550 Fax:     334-241-4192  email: Insdept@insurance.alabama.gov Website: www.aldoi.org

This is also an NCCI state.  Alaska requires all employers with more than one employee to obtain Workers Compensation insurance (unless the employer is approved as a self-insurer.  Alaska does not allow group self-insurance pools. There are some exceptions to the requirement to obtain insurance: sole proprietors don’t have to insure themselves (but they would have to provide insurance if they have an employee; general partners in a partnership also don’t have to insure themselves, but again have to get insurance if they have employees; executive officers in a nonprofit corporation aren’t required to get insurance for themselves, and the same is true for members in a member managed limited liability company, part-time baby-sitters, cleaning persons (non-commercial), harvest help and similar part-time/transient help, sports officials for amateur events, contract entertainers, commercial fishers, taxicab drivers whose compensation is by contractual arrangement, a participant in the Alaska temporary assistance program, and professional hockey team players and coaches if those persons are covered under a health care insurance plan. 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.

Alaska still maintains a Second Injury Fund (at least at the time of this writing.)  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.

Alaska also maintains a separate Fishermen’s Fund covers licensed commercial fishermen for injuries while fishing onshore or offshore.

In Alaska, claims matters are under the jurisdiction of:
The Alaska Department of Labor and Workforce Development, Division of Workers Compensation
Contact Information:
PO Box 115512
Juneau, AK 99811     Phone: 907-465-2790 Fax: 907-465-2797
 website: http://labor.state.ak.us/wc/

Insurance disputes (such as those over premium charges) would be under the jurisdiction of:
The Alaska Division of Insurance (part of the Department of Community and Economic Development)

Contact Information:
9th Floor State Office Bldg.
333 Willoughby Avenue 99801
PO Box 110805   Juneau, Alaska 99811-0805
(907) 465-2515    Fax (907) 465-3422    TDD (907) 465-5437  
Email: insurance@alaska.gov

Robert B. Atwood Building
550 W. 7th Avenue, Suite 1560
Anchorage, Alaska 99501-3567
(907) 269-7900    Fax (907) 269-7910   TDD (907) 465-5437
Email: insurance@alaska.govWebsite: http://www.dced.state.ak.us/insurance/

Another NCCI state.  Employers must meet their Workers Compensation obligations by purchasing insurance from a private insurance company, or be authorized to self-insure.  Arizona formerly maintained a competitive state fund, but as has happened in other states in recent years, what used to be the state fund has been transformed into a non-profit mutual insurance company that is no longer part of state government.  This mutual insurer, SCF Arizona, currently writes about 70% of the Workers Compensation insurance in Arizona, but has to compete with other insurance companies in the state.

Arizona requires all employers with one or more employees to maintain valid Workers Compensation insurance (or be approved for self-insurance.)

The state agency with jurisdiction over claims, and over employer compliance with Workers Compensation insurance requirements, is the

Industrial Commission of Arizona.
Industrial Commission Contact Information:
Phoenix Office:
800 W. Washington Street
Phoenix, AZ 85007                 Phone:     602-542-4653

Website:  http://www.ica.state.az.us/index.html

Tucson Office:
2675 E. Broadway
 Tucson, AZ 85716        

Insurance disputes (such as disputes over proper Workers Compensation insurance premiums) are the jurisdiction of:

Arizona Department of Insurance
2910 N. 44th St. Suite 210
Phoenix, Az. 85018-7269               

Phone: Phoenix Area: (602) 364-4457 Statewide: (877) 660-0964

Website: http://www.id.state.az.us/

An interesting aspect of Arizona Workers Compensation statutes is that an independent contractor that performs work different from the client’s normal work and who is not supervised by clients during execution of that work are considered true independent contractors, not employees of the client for purposes of Workers Compensation.  This is a significant difference between Arizona rules and those of many other states.  The Arizona statute also requires there be a written agreement signed by both parties.

This is another NCCI state.  In 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.)  Executive officers of a corporation may choose to exclude themselves (but must cover employees.)

In Arkansas, if a sole proprietor or partner elects not to obtain Workers Compensation coverage for themselves, a primary contractor that utilizes their services is not liable for the Workers Compensation liability (this is different than the way this issue is treated in many other states.)  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.

The government agency in Arkansas that has jurisdiction over claims and over enforcing employer compliance with Workers Compensation coverage is:

The Arkansas Workers Compensation Commission
324 Spring Street
P.O. Box 950
Little Rock, Arkansas 72203-0950
Telephone 1-501-682-3930 / 1-800-622-4472         website: http://www.awcc.state.ar.us/

The government agency in Arkansas that has jurisdiction over disputes regarding Workers Compensation insurance premiums between employers and their insurance company is:

Arkansas Insurance Department
1200 West Third Street
Little Rock, AR 72201
(501)371-2600 or 1-800-282-9134

(501) 371-2618 fax                                 website:   http://insurance.arkansas.gov/ 

Not an NCCI state.  Instead, California, which is the largest single state market for Workers Compensation insurance, has its own separate rating bureau, the Workers Compensation Insurance Rating Bureau of California, or WCIRB.  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 thus the details about what kinds of work are assigned to which particular classification codes can be different in California.  And some of the fine details regarding how experience modification factors are calculated are different also.  Contact information for the WCIRB is:

Workers Compensation Insurance Rating Bureau of California
525 Market Street, Suite 800
San Franscisco, CA 94105-2767                                        website:  https://wcirbonline.org

Phone: 888.CA.WCIRB (888.229.2472)
Fax: 415.778.7272
E-mail: customerservice@wcirbonline.org

Employers in California can choose between private insurance companies or the state-administered Workers Compensation fund, known as the State Compensation Insurance Fund, or SCIF.  An employer in California can also elect to self-insure for Workers Compensation, but this is typically feasible only for larger employers.

In California, as soon as an employer has a single employee, the employer must have Workers Compensation coverage (either from an approved insurance company, 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.

In California, unlike most other states, one can go back only one year into the past when correcting an error in classification code on Workers Compensation policies.  Most states will generally allow an employer to go back at least as far as three years prior to the current policy.

Workers Compensation claims are the jurisdiction of:

The California Department of Industrial Relations, Division of Workers Compensation
(The DWC maintains a number of offices throughout California.  Their headquarters address is:

1515 Clay Street
17th floor
Oakland, CA 94612-140    phone:  (510) 286-7100  website: http://www.dir.ca.gov/dwc/

Workers Compensation insurance (including disputes over premiums) are the jurisdiction of the California Department of Insurance.

Contact information for the division that handles premium disputes is:

California Department of Insurance
Consumer Services Division
300 South Spring Street, South Tower
Los Angeles, CA 90013                            phone: 800-927-HELP (4357)   213-897-8921
                                                                         (Calling from within CA)      (Outside CA)

This is another NCCI state. Colorado used to have a competitive state fund, but that state fund has been transformed into an insurance company that competes with other insurers.  In Colorado, all public and private employers with one or more full or part-time workers must either purchase Workers Compensation insurance or be approved for self-insurance (which, as in most states, is only feasible for larger employers.)  There are a few exceptions to this, including:

o    Certain casual maintenance or repair work performed for a business for under $2,000 per calendar year

o    Certain domestic work, maintenance or repair work for a private homeowner that is not done full time

o    Licensed real estate agents and brokers working on commission

o    Independent contractors who perform specific for-hire transportation jobs

o    Drivers under a lease agreement with a common or contract carrier

o    Any person who volunteers time or services for a ski area operator

o    Persons who provide host home services as part of residential services and supports

o    Federal employees (covered under federal laws) Railroad employees (covered under federal laws)

A corporate officer of a corporation or a member of a limited liability company may elect to reject the requirement to carry workers’ compensation insurance. The election to reject coverage is completed by providing written notice on a form available from the Division of Workers Compensation (part of the Department of Labor & Employment.)

 
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.

Independent contractors are not considered to be employees of a business that hires them, as long as they meet the following criteria:

The independent contractor is free from the business’ control and direction over how the service is performed; and the individual must be customarily engaged in an independent business related to the service being performed.

These are the two key principles of independent contracting in Colorado.  A written contract may be helpful in proving independent contractor status. However, the actual facts of the work relationship are the most important evidence.

Sole proprietors and partners in a business are not required to carry Workers Compensation insurance on themselves (but would be required to carry insurance as soon as they have any employees.)

Another NCCI state.  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. 

Workers Compensation Commission
Capitol Place                                                             Phone: (860) 493-1500  Fax: (860) 247-1361
21 Oak Street
Hartford, CT 06106            Website:    http://wcc.state.ct.us/                      

Disputes over Workers Compensation insurance premiums are handled by the Connecticut Insurance Department.

Connecticut Insurance Department
153 Market St.
Hartford, CT 06103

Mailing Address:
P.O. Box 816
      Hartford, Ct 06142-0816      

Phone: (860) 297-3800 (800) 203-3447 Fax :(860) 566-7410

Website: http://www.ct.gov/cid