(In effect as of January 1, 2004*)

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.

 

Arizona            Agricultural workers are covered the same as all other employees.                   Compulsory

 

California         Agricultural workers are covered the same as all other employees.                   Compulsory

 

Colorado           Agricultural workers are covered the same as all other employees.                   Compulsory

 

Connecticut        Agricultural workers are covered the same as all other employees.                   Compulsory

 

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

  Columbia         Agricultural workers are covered the same as all other employees.                   Compulsory

 

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.

 

Georgia            Employees of the Department of Corrections who are engaged in Elective

                   farm and live-stock operations.  Employers are permitted elective

                   coverage for their farm laborers.

 

Hawaii             Agricultural workers are covered the same as all other employees.                   Compulsory


TABLE 3.  STATES IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)

 

 

State                                Farmworkers Covered                            Type of Coverage

 

                                                                                                     

 

Idaho              Agricultural workers are covered the same as all other employees.                                           Compulsory

                   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.

 

Maine              Agricultural workers, except seasonal or casual.  An employer of                   Compulsory

                   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

 

                                                                                                    

 

Maine (cont.)      the employer has more than 6 such laborers but the total number of

                   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.

 

Massachusetts      Agricultural workers are covered the same as all other employees.                   Compulsory

 

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.

 

Minnesota          Farm laborers who do not work for a "family farm".  (Elective  Compulsory

                   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.

 

Montana            Agricultural workers are covered the same as all other employees.                   Compulsory

 

Nebraska           Effective Aug. 31, 2003, employers engaged in an agricultural Elective

                   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.

                  

New Hampshire      Agricultural workers are covered the same as all other employees.                   Compulsory

 

 

 

TABLE 3.  STATES IN WHICH WORKERS' COMPENSATION LAWS APPLY TO FARMWORKERS (cont.)

 

 

 

State                                Farmworkers Covered                            Type of Coverage

 

 

 

New Jersey         Agricultural workers are covered the same as all other employees                   Elective

                   (technically, coverage is elective, but practically compulsory).

 

New York           Requires workers' compensation coverage of farm laborers for 12                   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.

 

North Carolina     Covers agricultural services if employer employs more than 10                    Compulsory

                   full-time nonseasonal laborers.

 

Ohio               Agricultural workers are covered the same as all other employees.                   Compulsory

                                                                                               

                                                                                                Oklahoma                   All workers employed in agriculture or horticulture by an Compulsory

                   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.

 

Oregon             Agricultural workers are covered the same as all other employees.                   Compulsory

 

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

 

 

 

Virginia           Agricultural workers working for an employer who regularly has                   Compulsory

                   in service more than 2 full-time employees.

 

Virgin Islands     Agricultural workers are covered the same as all other employees.                   Compulsory

 

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.