Alaska Workers Compensation - minimum and maximum payrolls,laws,rules,subrogation,statutes,state contacts and detailed policy information

State: Alaska

Authority/Rating Bureau: NCCI, National Council on Compensation Insurance

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: Not conventional, Alaska operates the Fishermans Fund. It provides for treatment and care of Alaska's licensed commercial fishermen who are injured or become ill due to fishing-related activities on shore in Alaska or in Alaska waters.

Assigned Risk: Alaska’s workers’ compensation pool is administered by the National Council on Compensation Insurance, Incorporated (NCCI). Employers that have been declined coverage by two non-affi liated insurers may obtain coverage in the Workers’ Compensation Assigned Risk Plan. Employers eligible for coverage in the plan may use the services of a licensed property/casualty insurance producer or apply directly to the plan for coverage. Alaska National Insurance Company, Liberty Northwest Insurance Corporation, and Umialik Insurance Company are the servicing carriers for the assigned risk market. These three insurers will be the workers’ compensation servicing carriers through 2008.

Numerical Exceptions: Any employer with 1 or more employees must provide coverage.

Individual Waivers Allowed: Allows executive officer waivers.

Sole Proprietor: Not required to cover themselves/can elect to be covered. If covered the rating payroll used for a sole proprietor is $28,700 as of 1-1-2011.

Partnership: Not required to cover themselves/can elect to be covered. If covered the rating payroll used for a partner is $28,700 as of 1-1-2011.

Corporation: For profit corporate officers are included/can elect to be exempted / Non profit corporate officers are excluded/can elect to be included. When included in coverage corporate officers are rated at a minimum payroll of $23,400 and a maximum of $93,600 as of 1-1-2011.

Corporate Officer Exclusion Form: Executive Officer Waiver, Instructions & Form for Executive Officer Waiver (Form 07-6131)

LLC: Members in a member managed LLC are excluded/can elect to be included

Contractors: Employers must insure independent and sub contractors unless they have their own workers compensation

Special Notes: The Alaska Workers' Compensation Act requires each employer having one or more employees in Alaska to obtain workers' compensation insurance, unless the employer has been approved as a self insurer. Determining employee status is accomplished utilizing the relative-nature-of-the-work-test as set out in Alaska Regulation 8 AAC 45.890.

There are few exceptions to those who need to be covered under a workers' compensation policy. Generally speaking, those include: sole proprietors in a sole proprietorship; general partners in a partnership; executive officers in a nonprofit corporation, members in a member managed limited liability company, part-time baby-sitters, cleaning persons (non-commercial), harvest help and similar part-time/transient help, sports officials for amateur events, contract entertainers, commercial fishers, taxicab drivers whose compensation is by contractual arrangement, a participant in the Alaska temporary assistance program, and professional hockey team players and coaches if those persons are covered under a health care insurance plan. In addition, executive officers in a for-profit corporation may exempt themselves by filing an Executive Officer Waiver with the department.

Alaska Workers Compensation Subrogation: Finding information about subrogation and workers compensation for the State of Alaska takes a little patience! The state statute about subrogation is 23.30.015. To find this statute you have to navigate to the Alaska Legal Directory and search for this statute. Here's a link, go there, choose an Alaska Statute Year and from there search for 23.30.015:

Statute Look Up

Alaska Workers In Other States; Other States Workers In Alaska; Extraterritorial; Reciprocity; Non-Compliance: When an Alaska worker is working temporarily in another state, workers compensation coverage for that worker is governed by the extraterritorial provisions found in Alaska statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. Reciprocity governs coverage for a worker from another state who is working temporarily in Alaska. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

Extraterritorial:
- Provisions: Yes
- Duration: Is not specific
Reciprocity:
- Allowed: No
Specific Statute or Reference: 23.30.011;23.30.075;23.30.095;23.30.090;23.30.045;
For More Information Contact: Alaska Workers Compensation Division Hearings: 907-451-2889

Regulated By: Division of Workers Compensation

Alaska Division of Workers' Compensation

Post Office Box 25512

Juneau, Alaska 99802-5512

907-465-2790

http://www.labor.state.ak.us/wc/wc.htm

Statute:

http://labor.state.ak.us/wc/legaldir.htm

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

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Alaska Workers Compensation Laws

Workers compensation policy information for the State of Alaska