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Criteria for Workers' Compensation Insurance
Criteria for WC insurance | # of States | States with these rules |
|---|---|---|
Required for all employers** | 13* | AZ, CA, CO, CT, HI, ID, MA, MN, MT,NH, OH,OR, WA |
Payroll $ threshold | 8 | UT,VT, PA, OK, NY, MN, IL,IA |
Special conditions | 3 | SD,LA,ME |
>2 workers | 3 | VA, MI, MD |
>3 workers | 1 | NM*** |
>5 workers | 2 | WV,FL |
>6 workers | 1 | WI |
>10 workers | 2 | NC, NE |
>25 workers | 1 | RI |
WC optional for Ag Employers | 17 | WY, SC, TN,TX,ND,NJ, NV,MS, MO,IN,KS,KY,GA,DE,AL,AK,AR |
*District of Columbia, Puerto Rico and the Virgin Islands require employers to cover agricultural workers to the same extent as all other workers.
**Employers who hire legal temporary foreign workers under the H-2A visa program are required to provide workers’ compensation insurance or equivalent benefits to their employees.
***Joe Griego et al. v The New Mexico Workers’ Compensation Administration, CV-2009-10130, Exclusion of agricultural workers from mandatory workers’ compensation ruled unconstitutional, December 2012.The New Mexico Workers’ Compensation Administration is appealing this ruling.
