(In effect as of
TABLE 3. COVERAGE
OF AGRICULTURAL WORKERS
Agricultural
workers are covered in varying degrees in 40
jurisdictions. Fourteen jurisdictions 1/ cover
agricultural
workers
the same as all other employees, and 28 carry limitations
that
are not applicable to other covered employees as indicated in
the
following table.
Eleven
jurisdictions 2/, not listed in the table, permit
agricultural
employers to secure coverage voluntarily, even
though
no statutory provisions are prescribed.
1/ Arizona, California, Colorado, Connecticut,
District of Columbia, Hawaii, Idaho, Massachusetts, Montana, New Hampshire, New
Jersey, Ohio, Oregon, and the Virgin
Islands.
2/ Alabama, Arkansas, Indiana, Kansas, Kentucky,
Mississippi, Nevada, New Mexico, North Dakota, South Carolina, and Tennessee.
*See
Introduction page.
TABLE 3.
STATES IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)
State Farmworkers Covered Type of Coverage
Alaska Agricultural employees, except
those employed on a part-time Compulsory
basis.
Delaware Agricultural employees whose employer
carries insurance to pro- Elective
vide coverage for such
workers or their dependents. Farm
workers
are not covered if they earn
less than $750 in any 3-month period.
District
of
Florida Agricultural workers, except
those performing agricultural labor Compulsory
on a farm in the employ of a
bona fide farmer or association of
farmers, employing less than
5 regular employees and less than 12
other employees at one time
for seasonal employment for less than
30 days, provided such
seasonal employment does not exceed 45 days
in the same calendar year.
farm and live-stock
operations. Employers are permitted
elective
coverage for their farm
laborers.
TABLE 3.
STATES IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)
State Farmworkers Covered Type of Coverage
A custom farmer, defined as a
person who rents operated farm
equipment, is considered to
be an independent contractor under
the workers' compensation
law. A farm labor contractor, meaning
one who for a fee, recruits
and employs farmworkers is covered.
Illinois Agricultural workers employed by an
individual employer for 400 Compulsory
or more aggregate man-days in
any quarter during the preceding
calendar year; exclusive of
the employer's spouse and other
members of his/her immediate
family residing with him/her.
Iowa Agricultural employees, other
than excluded family members, whose Compulsory
employer's total cash wage payments
during the preceding year
amounts to at least $2,500.
Louisiana Exempts from coverage employees of
private unincorporated farms, Compulsory
in connection with
cultivating the soil or raising or harvesting
any agricultural commodity,
including livestock, when the employee's
annual net earnings amount to
$1,000 or less, and the total net
earnings of all employees on
the farm do not exceed $2,500.
6 or less agricultural or
aquacultural workers may alternatively
secure the payment of
compensation by obtaining an employer's
liability insurance policy
(total limit not less than $100,000 and
medical payment coverage of
not less than $5,000). Employers of
agricultural or aquacultural
laborers are not liable for securing
compensation payment if the
employer has 6 or fewer laborers, or
TABLE 3. STATES
IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)
State Farmworkers Covered Type of Coverage
hours they worked in a week
does not exceed 240, and has not ex-
ceeded 240 hours at any time
during the 52 weeks immediately pre-
ceding the injury.
Maryland Agricultural employees whose employer
has 3 or more full-time Compulsory
employees or a yearly payroll
for full-time employees of $15,000.
Office workers are exempt
from coverage. Independent contractors
on farms, other than migrant
workers, do not have coverage.
Owner-operator of large
tractor trailer vehicles are excluded from
coverage.
Michigan Agricultural workers whose employers
employ 3 or more regularly Compulsory
employed employees for at
least 35 or more hours for 13 consecu-
tive weeks during the
previous 52 week period.
coverage is permitted for
certain employees of family farms.)
Defines "family
farm" as any farm operation which pays less
than $8,000 in cash wages,
exclusive of machine hire, to farm
laborers for services
rendered during the preceding calendar
year. "Family farm" may also include farm
operations with
total liability insurance of
$300,000, and $5,000 in medical
payment coverage, if such
farm pays less than the statewide
average annual wage.
TABLE 3. STATES
IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)
State Farmworkers Covered Type of Coverage
Missouri Farm laborers whose employer elects
to accept the provisions Elective
of this Act by the purchase
of a valid compensation insurance
policy. Members and officers of a family farm
corporation may
be covered under a policy of
workers' compensation insurance
if approved by a resolution
of the board of directors.
operation are exempt from
providing workers’ compensation
insurance coverage if they
employ only related employees.
Agricultural employers who
employ unrelated employees are also
exempt unless in a calendar
year they employ 10 or more
unrelated, full-time
employees, on each working day for 13
calendar weeks (consecutive
or not). The act applies to an
employer 30 days after the 13th
week. An employer exempt from
the act may elect to provide
workers’ compensation coverage
for its employees. Every
exempt employer who does not elect to
provide workers’ compensation
insurance coverage must give all
employees written notice at
the time of hiring that they will
not be covered by the act,
that they will not be compensated
under the act if they are
injured on the job or suffer an
occupational disease, and
that they should plan accordingly.
Failure to provide this
notice subjects an employer to
liability under the act for
all unrelated employees.
TABLE 3.
STATES IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)
State Farmworkers Covered Type of Coverage
(technically, coverage is
elective, but practically compulsory).
months, from April 1, if the
farmer's total cash wage remunera-
tion paid to all farm
laborers during the preceding calendar
year amounts to $1,200 or
more; farmworkers supplied to a farmer
by a farm labor contractor
would be deemed to be employees of
the farmer.
full-time nonseasonal
laborers.
employer who had a gross annual
payroll in the preceding calendar
year of $100,000 or
more. Except, agricultural employees who
are
not engaged in operation of
motorized machines shall be exempt.
Puerto
Rico No expressed provision
exempting farmworkers; therefore, Compulsory
farmworkers are covered in
same manner as other workers.
Sharecroppers are
specifically covered
TABLE 3.
STATES IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)
State Farmworkers Covered Type of Coverage
Pennsylvania All agricultural workers if the employer pays
one agricultural Compulsory
worker wages of $1,200 or
more, or furnishes employment to one
employee in agricultural
labor for 30 or more days during a
calendar year. A spouse or child of an agricultural employer
under age 18 is not
considered an employee unless hired under
an expressed written
contract.
Rhode
Island Requires workers’
compensation coverage of 25 or more farm Compulsory
laborers or agricultural
workers employed for 13 consecutive
weeks producing and raising
specified crops and livestock.
South
Dakota Workers engaged commercially
in the operation of threshing Compulsory
machines, grain combines,
corn shellers, corn huskers,
shredders, silage cutters,
and seed hullers for profit.
Texas Farm or ranch laborers who are
migrant workers, or who are Elective
seasonal workers (under
certain conditions), or who are
employed by an employer with
a certain minimum gross annual
payroll for the preceding
year, except farm or ranch workers
who are employees of an
independent contractor.
Utah Employers with a payroll of
$8,000 or less do not have to Compulsory
provide coverage for their
employees. Employers with a payroll
between $8,000 and $50,000
are required to have full coverage,
or liability insurance in the
amount of $300,000 and $5,000 for
medical care. Employers whose payroll is more than $50,000
are
required to have full
coverage for their employees.
Vermont All agricultural workers except
those working for an employer Compulsory
whose aggregate payroll is
less than $2,000 in a calendar year.
TABLE 3. STATES
IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)
State Farmworkers Covered Type of Coverage
in service more than 2
full-time employees.
Washington All agricultural employees except
a child under 18 employed Compulsory
by the child's parents in
agricultural activities on the
family farm. Children age 18 to 21 living and working on a
family farm may be excluded
from mandatory coverage by their
parents.
West
Virginia Employees of an employer who
has 6 or more full-time workers Compulsory
in agricultural service.
Wisconsin Farmworkers working for an employer
who becomes subject Compulsory
to the Act 10 days after he
or she has employed 6 or more
employees, whether in one or
more locations for 20 or more
days during the calendar
year.
Wyoming Workers engaged in power farming
when one or more are em- Elective
ployed for an average of 6
months each year. "Power
farming" means work on a
farm, livestock ranch, or poultry
farm, which uses in connection
with its operation any
power-driven equipment, such
as a pick-up truck, feed
grinder, stacking machinery,
tractor, mower, baler, or
road
grader.