Workers Compensation for Domestic Employees

 

March 14, 2016

 

The subject of domestic employees and whether or not workers compensation is required for them is often confusing. Domestic employees could be housekeepers, nannies, gardeners, or others who work around the home. Some are household members with lodging and food as part of their compensation; many are part time workers with irregular hours and may be working for multiple employers. The following chart lists state requirements for providing insurance for domestic employees.

 

State

Requirements

Statute

Alabama

Employers of domestic employees, farm laborers, or casual employees and municipalities having a population of less than 2,000 (according to the most recent federal census) are not required to provide coverage but can elect to be covered by the provisions of the Alabama Workers Compensation Law.

Ala. Code § 25-5-50

 

Alaska

N/A

N/A

Arizona

N/A

N/A

Arkansas

N/A

N/A

California

Employed 52 or more hours, or earned $100 or more, during 90 calendar days immediately preceding date of injury or last employment exposing such worker to the hazards of an occupational disease. Excludes workers employed by a parent, spouse, or child.

Cal. Lab. Code § 3352

Colorado

Working 40 hours or more in a week, or working 5 days or more in a week.

Colo. Rev. Stat. Ann. § 8-40-302

Connecticut

Working 26 hours or more by one employer.

Conn. Gen. Stat. Ann. § 31-275

Delaware

Earns more than $750 in any 3 month period from a single employer.

Del. Code Ann. tit. 19, § 2307

District of Columbia

Employed 240 hours or more by employer.

D.C. Code § 32-1501

Florida

N/A

N/A

Georgia

N/A

N/A

Hawaii

Any worker employed solely for personal, family, or household purposes whose wages are $225 or more during the calendar quarter and during each completed calendar quarter of the preceding 12 month period.

Haw. Rev. Stat. § 386-1

Idaho

N/A

N/A

Illinois

Any worker(s) employed for a total of 40 hours or more per week for a period of 13 or more weeks during a calendar year by any household or residence.

820 Ill. Comp. Stat. Ann. 305/3

Indiana

N/A

N/A

Iowa

Employees working in or about a private dwelling who are not a household member, whose earnings are $1500 or more during the 12 consecutive months prior to an injury.

Iowa Code Ann. § 85.1

 

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