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#17-90Workers’ Compensation by StatePDFReturnURL
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Potential hosts of J-1 interns/trainees are required to provide proof of Worker’s Compensation Insurance Policy of which the rules vary from state to state. Generally, all states except Texas and South Dakota mandate employers with more than certain number of employees purchase workers’ compensation insurance.
Workers' compensation insurance is regulated on the state level, e.g., some states mandate coverage for only full-time employees; some mandate for part-time workers, temps, and independent contractors; some states allow businesses to operate a self-insured (or self-funded) plan. The following table highlights the different requirements by state.
StateRequirements
1AlabamaRequired if 5+ employeesDomestic workers, farm laborers, casual workers, municipalities with less than 2,000 residentsMore
2AlaskaRequired if 1+ employeesSports officials, entertainers, commercial fishing, real estate agents & moreMore
3ArizonaRequired if 1+ employeesDomestic workers, casual workersMore
4ArkansasRequired if 3+ employeesFarm laborers, real estate agents, domestic workers, employees of religious/nonprofit/charitable organizations. Construction industry requires for all employees.More
5CaliforniaRequired if 1+ employeesExecutive officers of corporations fully owned by said officers, sole proprietorsMore
6ColoradoRequired if 1+ employeesDomestic workers (less than 40hr/wk), commission-based real estate agentsMore
7ConnecticutVoluntaryhttps://portal.ct.gov/-/media/DRS/Forms/2022/WTH/CT-W4_1221.pdf
8Washington DCRequired if 1+ employeesDomestic worker (less than 26hr/wk)More
9DelawareRequired if 1+ employeesSole proprietors, domestic worker (less than 240hr during any annual quarter in same or previous year)More
10FloridaRequired if 1+ employeesFarm laborers, real estate agents, domestic workers, government positionsMore
11GeorgiaVoluntaryhttps://dor.georgia.gov/form-g-4-employee-withholding
12HawaiiRequired if 4+ employeesConstruction industry requires for all employees.More
13IdahoRequired if 3+ employeesSole proprietorsMore
14IllinoisRequired if 1+ employeesCommissions-based real estate agentsMore
15IndianaRequired if 1+ employeesDomestic workers, crop-duster pilots, real estate agentsMore
16IowaRequired if 1+ employeesConstruction industry requires for all employees.More
17KansasRequired if 1+ employeesReal estate agents, domestic workers, casual laborers, farm laborersMore
18KentuckyRequired if 1+ employeesSole Proprietors, LLC members, domestic workers making less than $1500 by employer during year before injury, agricultural workers whose employers have payrolls less than $2500 in year before injury, agricultural exchange labor, officers of a farm family corporation (and their relatives)More
19LouisianaRequired if 1+ employeesPayroll of less than 20000, certain agricultural workersMore
20MaineRequired if 1+ employeesAgricultural businesses, certain religious organizations More
21MarylandRequired if 1+ employeesDomestic workers, real estate agents, certain musicians/performersMore
22MassachusettsRequired if 1+ employeesAgriculture businesses with less than 7 workers (with requirements for liability insurance), domestic workersMore
23MichiganRequired if 1+ employeesAgriculutural businesses with less than 3 workers or less than 15000 payrollMore
24MinnesotaRequired if 1+ employeesDomestic workers less than 16hr/wk, commissions-based real estate agentsMore
25MississippiRequired if 3+ employeesWith >2 employees, part-time workers are entitled to compensation. Agricultural business are exempt if has less than 3 employees employed for 35hr/wk or 13 or more consecutive weeksMore
26MissouriRequired if 1+ employeesSole proprietors, partners, some managers of LLCs, officers of closely held corporations and certain relatives, employees whose employers are enrolled in federal liability laws, family farm operations (mostly)More
27MontanaRequired if 5+ employeesDomestic workers, farm laborers, nonprofit fraternal/charitable/religious/cultural organization workersMore
28NebraskaRequired if 5+ employeesDomestic workers, farm laborers, certain real estate agentsMore
29NevadaRequired if 1+ employeesDomestic workers, commissions-based real estate/insurance salespeople, licensed cosmetologists/barbersMore
30New HampshireRequired if 1+ employeesSole proprietors, federal employees, railroad employees, most volunteers, independent contractors, domestic workers, some agricultural operation employeesMore
31New JerseyRequired if 1+ employeesWorker (less than 20days with less than $500) that is not in trade, businessMore
32New MexicoRequired if 1+ employeesRailroad employees involved in interstate commerce, direct sellers, real estate broker, disabled people care takersMore
33New YorkRequired if 1+ employeesContactors, interns, volunteersMore
34North CarolinaRequired if 3+ employeesHousehold workers, real estate salespeople, federal employess covered by federal programsMore
35North DakotaVoluntaryhttps://www.irs.gov/pub/irs-pdf/fw4.pdfMore
36OhioRequired if 1+ employeesSole proprietors/partners without employeesMore
37OklahomaRequired if 3+ employeesRailroad workers that are covered by federal policies. Domestic employees of a household, farm laborers (less than 10 full-time), federal government employees, commission-based sellers of agricultural productsMore
38OregonRequired if 1+ employeesSole proprietors, partners, corporate officers, farm labor, domestic workers, verified independent contractors, employees under age of 22More
39PennsylvaniaVoluntaryMore
40Rhode IslandRequired if 1+ employeesDomestic workers that earn less than $160 per calendar quarter)More
41South CarolinaRequired if 1+ employeesSole proprietors, LLCs, partners, corporate officers, five or fewer family employees, some agricultural workers, real estate brokers, most domestic workersMore
42South DakotaRequired if 1+ employeesSole proprietorsMore
43TennesseeRequired if 1+ employeesRailroad workers, longshoremen, federal employees, and domestic workersMore
44TexasVoluntary
45UtahRequired if 1+ employeesLimited real estate workers, agricultural workers, domestic service employeesMore
46VermontRequired if 4+ employeesSole proprietors, partners, LLC members, agricultural employees, railroad employees, employees working at companies with payroll under $3000, textile hall workers, some commision-based real estate employeesMore
47VirginiaVoluntaryMore
48WashingtonRequired if 5+ employeesSole proprietors, LLC members, partnersMore
49West VirginiaVoluntaryMore
50WisconsinRequired if 1+ employeesSome agricultural employees domestic employees, some real estate/insurance brokersMore
51WyomingVoluntary