Facts and Resources
If you are an Executive, or Own the Business, are you covered under Workers Compensation Insurance?
A portion of all business owners and executives still decide to exclude themselves on their company’s workers compensation insurance policy. The motivation behind such a decision could be due to a number of different things but the most common 2 reasons: 1 being cost and 2 is the owners or executives ‘never thought about it.’ So, take a moment and review the information on this page, you just may be glad you did.
MAKE SURE YOU CHECK YOUR WORK COMP POLICY
As a business owner or executive in a business, check your workers compensation policy to determine whether you have, or do not have, workers compensation insurance. If you have determined that your workers compensation policy has excluded you, there should be a signature authorization from you declaring such a measure. So, check with us or your current insurance agent to determine if you are covered.
Remember, each state/commonwealth is different
Remember that each state or commonwealth has their own laws governing workers compensation so keep that in mind. Below you will find a few states and a few of their respective guidelines regarding workers compensation. But above else, please review your workers compensation policy and make sure you know whether or not you specifically are covered. Please contact us today if you have any questions about workers compensation.
Owner & Executive Officer Election Rules by State
We are licensed in most states. So, text us today if you have any questions! (412)212-8577
- CORPORATIONS – In Pennsylvania, officers are included and only officers with an ownership interest in a Subchapter S Corporation or owners with at least 5% ownership interest in a Subchapter C Corporation my reject coverage.
LLC’s – In Pennsylvania, LLC members are excluded but may elect coverage.
PARTNERSHIPS – In Pennsylvania, partners are excluded but may elect coverage.
SOLE PROPRIETORS – In Pennsylvania, sole proprietors are excluded but may elect coverage.
- Minimum Payroll Allocation for Owners and Executives – $7,800
- Maximum Payroll Allocation for Executive Officers and Owners – $62,400.
LLC’s – In Texas, LLC members are included and those who own at least 25% in the LLC may reject coverage.
SOLE PROPRIETORS – In Texas, when working under a building or construction contract with a governmental entity, sole proprietors are included and may reject coverage.
PARTNERSHIPS – In Texas, when working under a building or construction contract with a governmental entity, partners are included but may reject coverage.
*Class Code Note – Officers, Executives, and Owners that perform clerical or sales duties should be using class code 8809.
CORPORATIONS – In California, officers and members of boards of directors of a quasi-public or private corporation while rendering actual services for pay are covered by the WC statute. Individual officers or members of a board of directors may reject coverage if their stock ownership is:
- at least 10% or
- at least 1% if that officer’s or member’s parent, grandparent, sibling, spouse, or child owns at least 10% and that officer or member is covered by a health insurance policy or a health care service plan. Exceptions exist for professional corporations (an owner of a professional corporation if the owner is: (1) a practitioner of the professional services for which the professional corporation was created and (2) covered by a health insurance policy or a health service plan), coorperative corporations (an officer or member of the board of directors of a cooperative corporation if covered by (1) a health Insurance policy or health care service plan and (2) a disability insurance policy that is comparable to workers comp coverage as determined by the Insurance Commissioner), and trustees. Please note that a single owner of a private professional corporation who is the 100% sole shareholder is excluded from coverage unless they elect coverage.
LLC’s – In California, all working LLC members receiving wages irrespective of profits from the LLC are included under the WC Statute. Non-working members are excluded.<br/><br/> Only working managing LLC members receiving wages may reject coverage by written waiver, effective upon date of receipt by The Hartford.<br/><br/> Exceptions exist for trustees. Refer to California Labor Code ?3351-3352 for details.
PARTNERSHIPS – In California, working members of a partnership receiving wages are included. Only general partners of a partnership receiving wages may reject coverage by written waiver.<br/><br/> Exceptions exist for trustees. Refer to California Labor Code ?3351 for details.
SOLE PROPRIETORS – In California, sole proprietors are excluded but may elect to be included.
CORPORATIONS – In New York, officers are included under the Workers’ Compensation Law. In corporations with one or two officers, one or both officers who meet the following qualifications may reject coverage:
- the officers own all the stock and hold all the offices, and have other employees.
In corporations with three or more officers, officers do not have a coverage option – they are all required to be included.
CORPORATIONS – In Florida, officers are included but officers who have obtained a certificate of election to be exempt may reject coverage.
LLCs – In Florida, LLC members are included but members who have obtained a certificate of election to be exempt may reject coverage.
SOLE PROPRIETORS – In Florida, sole proprietors are excluded but may elect to be included.
CORPORATIONS – In Illinois, officers are included but may reject coverage.
LLC – In Illinois, LLC members are included but may reject coverage.
SOLE PROPRIETORS – In Illinois, sole proprietors are included but may reject coverage.
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