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Insurance Requirements & Regulations by State
A C D F G H I K L M N O P R S T U V W
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 in 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.
So NCCI develops
manuals of rules that govern things such as what kinds of work get
assigned to particular classification codes, how much payroll gets used
to compute premium charges (and what gets excluded and under what
circumstances).
NCCI also does the actuarial work to develop manual
rates (or at least the loss costs that are the major component of manual
rates) and computes experience modification factors for employers in
those states that use the NCCI system.
NCCI is not the only Workers Compensation rating bureau in the
U.S.--some states have their own independent rating bureaus.
And
monopoly fund states don't have a rating bureau at all, as everything is
handled by the state agency (but 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.
Employers
here 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 overseen by:
DEPARTMENT OF INDUSTRIAL RELATIONS
WORKERS' COMPENSATION DIVISION
649 MONROE STREET
MONTGOMERY, ALABAMA 36131
https://labor.alabama.gov/wc/
This agency 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: 334-269-3550
Fax: 334-241-4192
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.
website:
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
or
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
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, CopperPoint Mutual Insurance, has to compete with other insurance companies in the state.
NCCI administers an Assigned Risk Plan for Arizona, which serves as
the insurer of last resort for Arizona employers.
Arizona requires
all employers with one or more employees to maintain valid Workers
Compensation insurance (or be approved for self-insurance.)
Arizona allows workers to elect to waive out of the Workers Comp Act if
they file the approved form and it is submitted to the employer's
insurance carrier. This is an unusual provision, and the statute
prohibits the employer from forcing this upon a worker or making it a
condition of employment. It would seem this might be a contentious
provision that could backfire, as the worker can reverse this at any
time by just filing another form.
And if the worker does elect to waive WC coverage, it can
open the employer up to litigation if the worker is injured on the
job.
Here's what the Arizona Industrial Commission has to
say about this:
CAN AN EMPLOYEE ELECT NOT TO BE COVERED UNDER MY WORKERS’ COMPENSATION
INSURANCE?
An employer may not require the employee to waive rights to workers’
compensation as a condition of employment, nor require an employee pay
any portion of the employer’s workers’ compensation insurance premium.
An employee may, however, voluntarily reject workers’ compensation
insurance by providing a written notice to the employer which the
employer files with his workers’ compensation insurance carrier. In most
instances, this rejection must be filed before the employee suffers an
industrial injury. An employee may also later rescind that rejection in
writing but must do so before the occurrence of an industrial injury.
The state agency with jurisdiction
over claims, and over employer compliance with Workers Compensation
insurance requirements, is:
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
Contact
Information
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
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
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:
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 Californiacan
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:
Contact
Information
More California Information
from A.I.M.
Workers Compensation insurance (including disputes
over premiums) falls under the jurisdiction of the California Department of
Insurance.
Contact information for the division
that handles premium disputes is:
California Department of Insurance
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.)
Workers Compensation insurance premium disputes are
the jurisdiction of:
Colorado Division of Insurance
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
Employers with one or more employees are required to carry workers'
compensation insurance.
Farm workers are exempt from the workers' compensation statute,
however, these employers may elect to provide coverage.
Delaware and Pennsylvania share a unique non-NCCI classification system
which does not match up one for one with the NCCI classification system.
Additionally, the premium portion of payroll is not deductible for purposes
of calculating Workers' Compensation premiums.
Insurance is regulated by:
Office of Insurance
Commissioner
841 Silver Lake Blvd., Rodney Building
Dover, DE 19904
302-739-4251
www.delawareinsurance.gov
The non-NCCI rating bureau is:
Delaware
Compensation Rating Bureau
Workers' Compensation is regulated by
Office of Workers'
Compensation
State Office Building, Sixth Floor
820 North French Street
Wilmington, Delaware 19801
The
District uses NCCI manual rules.
Workers Compensation insurance premium issues are under the jurisdiction
of:
D.C. Dept. of Insurance &
Security Regulation
810 First Street, NE, Suite 701
Washington, DC 20002
But Workers Compensation claims are under the jurisdiction of:
Office of Workers' Compensation
1200 Upshur Street, NW
Post Office Box 56098
Washington, District of Columbia 20011
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.
Sole proprietors and partners in the
non-construction industry are automatically
exempt from the law, but can elect to be covered. Non-construction
industry corporate officers may elect to be exempt if: • 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. There is no limit to the number of corporate
officers who can be exempt and there is no application fee.
Non-construction exemptions are valid until a voluntary revocation is
filed or the exemption is revoked by the Division.
Corporate officers or members of a limited liability company (LLC) in
the construction industry
may elect to be exempt if: • 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. • 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. No more than three corporate officers per
corporation or limited liability member are allowed to be exempt. A $50
fee is required for each application submitted to obtain an exemption.
Construction exemptions are valid for a period of two years or until a
voluntary revocation is filed or the exemption is revoked by the
Division.
Florida excludes trucking industry
owner/operators from Workers Comp by statute, meaning that
those companies who contract with owner/operators in Florida do not
incur liability under the Florida Workers Comp Act.
More Florida Employer Requirements Information
Disputes over Workers Compensation insurance premiums would be under the
jurisdiction of:
Department of Financial
Services
200 E. Gaines Street
Tallahassee, FL 32399
800-342-2762
But Workers Compensation claims matters are the
jurisdiction of:
Division of Workers' Compensation
2012 Capitol Circle
SE Hartman Building
Tallahassee, Florida 32399-0680
850-921-6966
An NCCI state. 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.
More Georgia Information
Workers Compensation insurance premium matters are the jurisdiction of:
Insurance Commissioner
2 Martin Luther King Jr. Drive SE
716 West Tower
Atlanta, GA 30334
404-656-2070
800-656-2298
While Workers Compensation claims are the
jurisdiction of:
Georgia State Board of Workers' Compensation
270 Peachtree Street, NW
Atlanta, Georgia 30303-1299
800-533-0682
An NCCI state. Until a few years ago, Hawaii operated its own
independent rating bureau.
In Hawaii:
Any employer, other than those excluded below, having one or more
employees, full-time or part-time, permanent or temporary, is required
to provide WC coverage for the employees.
Excluded employment includes voluntary or unpaid
workers for a religious, charitable, educational or nonprofit
organization; student workers performing services for a school,
university or college club in return for room, board or tuition; duly
ordained, commissioned or licensed minister, priest or rabbi; domestic
workers earning less than $225 (cash) per calendar quarter; domestic
workers of public welfare recipients; certain twenty-five percent
stockholders; all fifty percent stockholders; and real estate
salespersons and brokers paid solely on a commission basis. An employer
may, however, elect to cover the excluded employees.
More Hawaii Information
Insurance is regulated by
Insurance Division
Dept. of Commerce & community Affairs
P.O. Box 3614
Honolulu, HI 96811
808-586-2790
While Workers Comp claims are the jurisdiction of:
Department of Labor & Industrial Relations (DLIR)
An NCCI state. In Idaho, most employers are
required to have valid Workers Compensation coverage, as follows:
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.
More Idaho information, including who is exempt, is
here.
Insurance premiums are regulated by:
Department of Insurance
P.O. Box 83720
Boise, ID 83720-0041
208-334-4250
Idaho also maintains a competitive
state fund for Workers Compensation, which means this state agency
essentially competes with private insurance companies.
State Insurance Fund
1215 West State Street
Post Office Box 83720
Boise, Idaho 83720-0044
800-334-2370
Workers Compensation claims are the jurisdiction
of:
The Idaho
Industrial Commission.
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.
Insurance, including Workers' Compensation, is regulated by
Department of Insurance
320 W. Washington
Springfield, IL 62767
217-782-4515
http://insurance.illinois.gov/
Workers Compensation claims in Illinois are the jurisdiction of:
The Illinois Workers Compensation
Commission
More details about Illinois' Workers Compensation rules can be found here.
Many people in the insurance business believe that Indiana is an NCCI
state. This is not true.
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. For classification decisions in Indiana, it's
best to talk directly to the ICRB. You can email questions to Jeff
Hiland at jhiland@icrb.net.
Indiana, like Florida, excludes trucking industry
owner/operators from the Workers Comp Act, meaning that
companies that contract with such independent owner/operators do not
incur WC liability under the Indiana Workers Comp. Act.
ICRB
5920 Castleway West Drive
Indianapolis, IN 46250
P.O. Box 50400
800-622-4208
tel 317-842-2800
fax 317-842-3717
Indiana also allows independent contractors in the construction trades,
and Owner/Operator truckers, to file a Certificate of Exemption with the
Indiana Department of Revenue. This certificate of exemption qualifies
the independent contractor to not carry Workers' Compensation insurance,
and establishes that companies that use such independent contractors are
also not liable for Workers' Compensation liabilities or premium charges
for those exempt independent contractors or owner/operators.
Insurance, including Workers' Compensation insurance, is regulated
overall by
Indiana Department of Insurance
311 W. Washington, Ste. 300
Indianapolis, IN 46204
317-232-2385
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.
In Indiana, Workers Compensation claims are the
jurisdiction of:
The Workers Compensation Board of
Indiana
An NCCI state. Most employers in Iowa are required
to have Workers Compensation coverage, although proprietors (independent
contractors), limited liability company members and partners are not
considered employees, according to Iowa government information
here.
Insurance premiums are the jurisdiction of:
Iowa Insurance Division
601 Locust Street, 4th Floor
Des Moines, IA 50309-3738
515-281-5705
888-955-1212
Workers Compensation claims are the
jurisdiction of:
Iowa Division of Workers' Compensation
1000 East Grand Avenue
Des Moines, Iowa 50319-0209
800-JOB-IOWA (562-4692)
tel 515-281-5387
fax 515-281-6501
An NCCI state. In
Kansas, valid Workers Comp coverage is required of all Kansas employers
except for those in certain agricultural pursuits or those with a gross
annual payroll of $20,000 or less.
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.
Per K.A.R. 51-11-6, the provision in K.S.A. 44-505 excluding the payroll
of workers who are members of the employer’s family shall not apply to
corporate employers. A corporate employer’s payroll for purposes of
determining whether the employer is subject to the workers’ compensation
act shall be determined by the total amount of payroll paid to all
corporate employees even when a corporate employee has opted out of WC
coverage.
Workers Compensation insurance premiums are the jurisdiction of:
Kansas Insurance Department
420 SW Ninth Street
Topeka, KS 66612
785-296-3071
Workers Compensation claims are the jurisdiction
of:
Kansas Dept. of Labor--Workers' Compensation
800 SW Jackson, Suite 600
Topeka, Kansas 66612-1227
800-332-0353
An NCCI state. With
few exceptions, all Kentucky employers are subject to the Workers’
Compensation Act and are required to carry workers’ compensation
insurance or become self-insured, even if they have only one part-time
employee. There is an exemption for employers engaged exclusively in
agriculture. More Kentucky information
here.
Workers Comp insurance premiums are the jurisdiction of:
Department of Insurance
215 W. Main Street
Frankfort, KY 40602
502-564-3630
800-595-6053
Workers Compensation claims are the jurisdiction of:
Department of Workers' Compensation Claims
1047 U.S. 127 South, Suite 4
Frankfort, Kentucky 40601
502-564-3070 ext 391
An NCCI state. Most employees in Louisiana are
covered from the day they start employment. Employees may be fulltime,
part-time, seasonal, or minors.
Subcontractors and certain independent contractors may be considered
employees if they are involved in the pursuit of the employer’s trade,
business or occupation or if they are performing substantial manual
labor.
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. Employers are
required to have workers’ compensation insurance or to be approved to
self-insure.
More Louisiana information
here.
Workers Comp insurance premiums are the jurisdiction of:
Department of Insurance
1702 N. 3rd St.
Baton Rouge, LA 70802
Workers Comp claims are the jurisdiction of:
Office of Workers' Compensation Administration
Post Office Box 94040
Baton Rouge, Louisiana 70804-9040
An NCCI state.The law requires almost all public
and private employers to have workers’ compensation coverage. The law
defines employers as “private employers, the State, counties, cities,
towns, water districts, other quasi-public corporations, municipal
school committees, and design professionals.”
More Maine information
here.
Workers Compensation insurance premiums are the
jurisdiction of:
Bureau of Insurance
Consumer Services Division
34 State House Station
Augusta, ME 04333-0034
207-624-8475
800-300-5000
Workers Compensation claims are the jurisdiction of:
Workers Compensation Board
An NCCI state--with some differences. In addition to allowing private
insurance companies to write Workers' Compensation insurance (and these
insurance companies follow NCCI rules) Maryland also has Chesapeake
Employers Insurance
(formerly IWIF)
the 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.
Workers Compensation insurance premiums are the
jurisdiction of:
Insurance Administration
200 St. Paul Place, Suite 2700
Baltimore, MD 21202
410-468-2000
800-492-6116
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
also means that experience modification factors for Massachusetts
employers are calculated by WCIRB and not NCCI. Although if a company
operates in both Massachusetts and in states that use NCCI, then a
combined experience mod will be calculated by NCCI.
In Massachusetts, All employers are required to carry workers’
compensation insurance covering their employees, including themselves if
they are an employee of their company. 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. Employers are required to notify their
employees of the name of the all employers with workers who are not
exempt are required to obtain valid Workers Comp coverage. More
information is
here.
Workers Comp insurance is regulated by:
Division of Insurance
Consumer Affairs
One South Station, 5th Floor
Boston, MA 02110-2208
Workers Comp
claims are the jurisdiction of:
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. The
Michigan Economic Development Corporation (MEDC)
website offers information on Workers Comp insurance coverage.
In Michigan, valid WC coverage is required of:
(a) all private employers regularly employing I or more employees 35
hours or more per week for 13 weeks or longer during the preceding 52
weeks.
(b) All private employers regularly employing 3 or more employees at one
time. (This includes part-time employees.)
(c) Agricultural employers if they employ 3 or more employees 35 hours
or more per week for 13 or more consecutive weeks.
(d) Householders employing domestic servants if they employ anyone 35
hours or more per week for 13 weeks or longer during the preceding 52
weeks.
(e) All public employers.
Michigan is not an NCCI state, but maintains its own separate
independent rating organization -- the Compensation Advisory
Organization of Michigan, or CAOM -- with an important caveat: in
Michigan, there is no regulation of classification codes for voluntary
(non-assigned risk) Workers Comp.
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.
CAOM
P.O. Box 3337
Livonia, MI 48151-3337
734-462-9600.
http://www.caom.com
Information
about treatment of independent contractors and subcontractors under
Michigan Workers Comp can be found
here.
Insurance is regulated by
Office of Financial and
Insurance Services (OFIS)
P.O. Box 30220
Lansing, MI 48909-7220
517-373-0220
877-999-6442
Workers Comp claims are the jurisdiction of:
The Workers Compensation Agency
Minnesota operates its own rating bureau, the Minnesota Workers
Compensation Insurance Association (tel 612-897-1737) and like 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.
Workers Compensation is overseen by:
The Minnesota Dept. of
Labor & Industry
Minnesota generally requires all employers who have workers to get valid
coverage (with a few exceptions.) Details can be found
here.
Minnesota has been addressing the issue of
independent contractors with specific legislation in recent years, and
information on this can be found
here.
Other insurance is
regulated by:
Dept. of Commerce,
Insurance Division
857 Place East Suite 500
St. Paul, MN 55101
651-296-4026
Another NCCI state. In Mississippi, all employers
with five (5) employees regularly employed are required to provide
workers' compensation insurance coverage.
If the employer has less than five (5) employees, workers' compensation
coverage is not mandatory but may be provided voluntarily by the
employer. 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.
Workers
Comp Insurance premium is the jurisdiction of:
Insurance Department
1001 Woolfolk State Office Building
501 North West Street
Jackson, MS 39201
601-359-3569
800-652-2957
http://www.doi.state.ms.us
While Workers Comp claims are the jurisdiction of :
The Mississippi Workers
Compensation Commission
Another NCCI state. In
the state of Missouri you are required to carry workers’ compensation
insurance if you have five or more employees, unless you are in the
construction industry, then you must carry workers’ compensation
insurance if you have one or more employees.
Employers that don’t have the required number of employees or who have
employees in the exempt categories may “elect” to come under the law and
carry workers’ compensation insurance. Exempt employers that decide not to
purchase workers compensation insurance or to self-insure remain exposed
to civil lawsuits brought by employees who are injured during work.
Sole proprietors and partners are not themselves covered unless they
elect to be covered; close family member-employees and members of a
limited liability company are presumed to be covered unless they opt
out.
Other exceptions include: farm labor, domestic servants in a private
home, occasional labor performed for or related to a private household,
qualified real estate agents, direct sellers, volunteers of a tax exempt
organization where such volunteers are not paid wages and adjudicators,
sports officials or contest workers for interscholastic activity
programs or amateur youth programs who are not employed by the sponsor
of the event.
Workers Comp insurance premiums are the
jurisdiction of:
Division of Insurance,
Dept. of Consumer Affairs
301 W. High Street
Jefferson City, MO 65102
573-751-4126
https://insurance.mo.gov
Workers Comp claims are the jurisdiction of:
Division
of Workers Compensation, Dept. of Labor
An NCCI state. The
Montana workers’ compensation law applies to all employers that have
five or more employees. 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.
Before employers hire someone who is not an employee (an independent
contractor, or IC), make sure the IC has an IC Exemption Certificate
issued by
the Montana Department of Labor and Industry or proof of workers’
compensation insurance. It is the employer's responsibility to determine
that
the IC has this documentation. Without it, policyholders may be held
responsible for claims on injuries or occupational diseases, and for
payment of
premium on their wages.
Workers Comp insurance premiums are the
jurisdiction of:
State Auditor’s Office,
Division of Insurance
840 Helena Ave.
Helena, MT 59601-4009
406-444-2040
800-332-6148
www.csi.mt.gov
Workers Comp claims are the jurisdiction of:
Montana Dept. of
Labor & Industry
Nebraska is another NCCI state, which means Workers' Compensation
insurance premiums are computed in accordance with NCCI manuals and
rules. Nebraska does not maintain its own state fund, and the Assigned
Risk Plan there has become a bit of a political football in recent
years, with the operation of this Pool changing from one run by NCCI to
one run by Employers of Wausau exclusively (in partnership with AON) and
then, just in the past year, to a new plan administered exclusively by
Travelers Insurance. Nebraska is currently seeking to restore some
additional insurers to their Assigned Risk Plan, but has not succeeded
at the moment. Insurance is regulated by
Department of Insurance
941 O Street, Suite 400
Lincoln, NE 68508
402-471-2201
http://www.doi.nebraska.gov/
Nevada has just recently changed (mid-1999) from a state monopoly WC
fund to a system of competitive private insurance, and is now an NCCI
state. Insurance is regulated by
Division of Insurance
1818 E. College Parkway, Suite 103
Carson City, NV 89706
775-687-0700
http://doi.state.nv.us
The former Nevada monopoly State Fund has been reconstituted as a
competitive mutual insurance company.
An NCCI state.
Insurance Department
21 South Fruit St. Suite 14
Concord, NH 03301-7717
603-271-2261
800-852-3416
http://webster.state.nh.us/insurance
New Jersey also maintains its own non-NCCI rating bureau, the New
Jersey Compensation Rating & Inspection Bureau. 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.
The agency that does handle most Workers Compensation insurance
premium issues is the aforementioned New Jersey Compensation Rating
& Inspection Bureau, also known as
NJCRIB.
New Jersey Compensation Rating & Inspection Bureau
60 Park Place
Newark, NJ 07102
973-622-6014
An NCCI state.
Insurance Division
New Mexico Public Regulation Commission
PERA Building
P.O. Box 1269
Santa Fe, NM 87504-1269
tel 505-827-4601
fax 505-827-4734
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.
Insurance is regulated by
New York State Insurance
Dept.
One State Street Plaza
New York, NY 10004
800-342-3736 or 212-480-6400
http://www.dfs.ny.gov/insurance/dfs_insurance.htm
North Carolina maintains its own independent rating bureau, the North
Carolina Rate Bureau (tel 919-783-9790) but follows the NCCI model
fairly closely. 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. The contact information
for their Consumer Services Division is:
Department of Insurance
1201 Mail Service Center
Raleigh, NC 27699-1201
919-807-6750
http://www.ncdoi.com
The assigned risk plan for North Carolina is administered by their
rating bureau, the
NCRB2910 Sumner Boulevard
Raleigh, NC 27616
You can also contact the Information Center directly for
support:
Phone: (919) 582-1056
Email
North Dakota maintains a monopoly state fund for Workers' Comp, meaning
that private insurance is not allowed. This fund is administered by
North Dakota Workers
Compensation Bureau
500 E. Front Ave.
Bismarck, ND 58504-5685
701-328-3800
Insurance (but not Workers' Comp) is regulated by
Insurance Department
600 E. Boulevard, Dept. 401
Bismarck, ND 58505-0320
701-328-2440
www.nd.gov.ndins/
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. The Ohio Workers' Comp system is administered
by
Bureau of Workers
Compensation
30 W. Spring Street
Columbus, OH 43215
614-466-4781
800-644-6292
http://www.ohiobwc.com
An NCCI state. Insurance is regulated by
Insurance Department
P.O. Box 53408
Oklahoma City, OK 73152-3408
405-521-2828
www.ok.gov/oid/
Oklahoma has historically had a competitive state fund, but that is in
process of being convereted into a mutual insurance company.
An NCCI state.
Dept. of Consumer &
Business Services
Insurance Division
350 Winter Street NE, Room 440
Salem, OR 97301-3883
503-947-7980
http://www.cbs.state.or.us/external/ins/index.html
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. Insurance is
regulated by
Insurance Department
1326 Strawberry Square
Harrisburg, PA 17120
717-787-2317
More details about Pennsylvania and their Workers Compensation system
can be found here.
An NCCI state. 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. Be
that as it may, Beacon remains the dominant Workers Comp insurer in the
state.
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.
Workers Compensation insurance rates and premiums are regulated by:
Rhode Island Department of Business Regulation
1511 Pontiac Avenue
Cranston, RI 02920
Website: http://www.dbr.ri.gov/ Phone: 401-462-9500
An NCCI state.
Department of Insurance
P.O. Box 100105
Columbia, SC 29202
803-737-6180
www.doi.sc.gov
An NCCI state.
Division of Insurance
Department of Commerce
445 E. Capitol
Pierre, SD 57501
605-773-3563
www.dlr.sd.gov/insurance/
An NCCI state.
Department of Insurance
500 James Robertson Parkway
Nashville, TN 37243
615-741-2241
800-342-4029
www.state.tn.us/insurance/
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. This shift in experience
modification factor calculations will be significant for many Texas
employers, as we detailed in our
blog post on the subject.
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.
Among other unusual features, Texas allows employers to "go bare"--that
is, to have no Workers'
Compensation insurance or self-insurance. Texas also allows employers to
negotiate lower experience modification factors with their insurers (if
the insurers are willing to accommodate them). 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.
Department of Insurance
333 Guadalupe
Austin, TX 78701
512-463-6169
http://www.tdi.state.tx.us/wc/regulation/
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.
An NCCI State.
Utah Insurance Department
State Office Building, Room 3110
Salt Lake City, UT 88114-6901
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.
An NCCI state.
Department of Banking &
Insurance
89 Main Street, Drawer 20
Montpelier, VT 05620-3101
802-828-3301
http://www.bishca.state.vt.us
An NCCI state.
Bureau of Insurance
Property and Casualty
P.O. Box 1157
Richmond, VA 23218
804-371-9741
800-552-7945
www.scc.virginia.gov.boi/
Washington maintains a monopoly state fund for WC, not allowing private
insurance for this exposure. Phone : 809-692-9390. Other insurance is
regulated by
Office of Insurance
Commissioner
Attn: Consumer Advocacy
P.O. Box 40256
Olympia, WA 98504-0256
800-562-6900
http://www.insurance.wa.gov
West Virginia has historically maintained a monopoly state fund for
Workers' Comp (tel 800-628-4265). 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.
Insurance Commissioner
State of West Virginia
P.O. Box 50540
Charleston, WV 25305
304-558-3864
http://www.wvinsurance.gov
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.
Insurance is regulated by
Office of Commissioner of
Insurance
P.O. Box 7873
Madison, WI 53707-7873
608-266-0102
800-236-8517
www.oci.wi.gov
Wyoming maintains a monopoly state fund for Workers Compensation and
does not allow private insurance of this exposure. Workers' Compensation
is administered by
Wyoming Workers Safety and
Compensation Division
1510 E. Persing Blvd.
Cheyenne, WY 82002
307-777-7159
www.wyomingworkforce.org
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