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Alaska Workers Compensation Laws

Workers compensation law, rule and policy information for the State of Alaska

Related Pages:  More About Alaska Rules


State:  Alaska

Updated:  01-10-2017

Authority/State Rating Bureau:  NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
800-622-4123


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.

Assigned Risk Contact Information:  NCCI Holdings Inc. ; Alaska Assigned Risk Plan, Pool or Residual Market is administered by NCCI Holdings, Inc.



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

Individual Waivers Allowed:  Allows executive officer waivers.

Small Deductible Program:  No

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, $29,500 as of 1-1-2012, $30,100 as of 1-1-2013, $30,800 as of 1-1-2014, $31,700 as of 1-1-2015, $33,600 as of 1-1-2017.

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, $29,500 as of 1-1-2012, $30,100 as of 1-1-2013, $30,800 as of 1-1-2014, $31,700 as of 1-1-2015, $33,600 as of 1-1-2017.

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 and remains the same for 1-1-2012 and 1-1-2013, $23,400/$98,800 as of 1-1-2014. $500 per week/$1,900 per week as of 1-1-2015. $500 per week/$2,000 per week as of 1-1-2017.

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. When included treated as a partnership.

Note: Some insurance companies may use their own special forms. Be sure to check with your insurance company for any specific forms they may use for exclusion or inclusion of coverage.



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.


Experience Rating Eligibility:  Employers in Alaska become eligible for an experience modification rate or EMR when they meet one of these triggers:
  • $5,000 in policy premium is generated during the last year or last two years.
  • $2,500 is the average policy premium generated for more than two years.


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:

Workers Compensation Code of Alaska




Didn't find what you were looking for? Search our site for more about Alaska rules: 



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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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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