Special Note: Minnesota Statute 79.081 Sub 1 requires that insurance carriers providing workers compensation in the State of Minnesota make a deductible available to a policyholder upon request. Dependent upon the policyholders financial ability to make the deductible payments. All carrier deductible plans must be filed and approved for use by the Minnesota Department of Commerce.
Sole Proprietor: Excluded from coverage/may elect to be included - Individually or family run, non-incorporated businesses owned by one person, including true independent contractors, where any employees are immediate family members (a spouse, parent or child, regardless of age). Note: After a non-immediate family member is hired, insurance is required. When included the rating payroll used is a minimum of $448 per week and a maximum of $1,792 per week as of 4-1-12, $611 / $3,664 as of 4-1-2013. Annual minimum $40,976 and maximum $196,560 as of 4-1-2014.
Partners: Excluded from coverage/may elect to be included - Partners in business or farm operations where every employee is a partner or a spouse, parent or child of a partner, regardless of age. When included the rating payroll used is a minimum of $448 per week and a maximum of $1,792 per week as of 4-1-12, $611 / $3,664 as of 4-1-2013. Annual minimum $40,976 and maximum $196,560 as of 4-1-2014.
Corporate Officers: Excluded from coverage/may elect to be included - Executive officers owning 25 percent of more of a closely held corporation or a spouse, parent or child of the executive officer, regardless of age, are automatically excluded unless the business elects to cover them. To qualify for this exemption, such corporations must have 10 or fewer shareholders and less than 22,880 hours of payroll in the preceding calendar year. When included the rating payroll used is a minimum of $448 per week and a maximum of $1,792 per week as of 4-1-12, $611 / $3,664 as of 4-1-2013. Annual minimum $40,976 and maximum $196,560 as of 4-1-2014.
Employees of such a corporation who are more distantly related by blood or marriage to an executive officer of the corporation may also be excluded by filing a written request to be excluded. This includes brothers, sisters, aunts, uncles, grandparents and grandchildren. Cousins may not be excluded from coverage.
LLC Members: There are exclusions for managers and members of their families here that are similar to the exclusions for closely held corporations. When included the rating payroll used is a minimum of $448 per week and a maximum of $1,792 per week as of 4-1-12, $611 / $3,664 as of 4-1-2013. Annual minimum $40,976 and maximum $196,560 as of 4-1-2014.
A Note About Forms: Be sure to contact your workers compensation insurance company for information about additional forms they may use for exclusion or inclusion of coverage.
Contractors: An employer contracting with an independent contractor may also provide insurance for that entity. The provider of the insurance may only charge the independent contractor a fee for the coverage if the independent contractor elects in writing to be covered and is issued an endorsement setting forth the terms of the coverage, the names of the persons covered, the fee charged and how the fee is calculated.
Special Notes: The Minnesota Workers' Compensation Act provides that insurance coverage may be purchased for many of the above named classes of persons. When such coverage is provided, the insured person becomes an "employee" as defined within the statute. When coverage is elected, written notice must be provided to the insurer and becomes effective the day following receipt of the notice or at a later date requested in the notice.
Other exclusions from coverage include:
Family farm operations: People employed by a family farm that pays or is obligated to pay cash wages in the preceding calendar year of less than the current coverage threshold. The threshold is $8,000 unless the operation has $300,000 in total liability insurance coverage and $5,000 in medical insurance coverage for farm laborers. Where the $300,000 insurance coverage threshold is met, the farm operation may pay up to the statewide average annual wage (about $26,000 in 1995) in total payroll to farm laborers in the previous year before workers' compensation insurance coverage is required. The farmer-employer's immediate family members, farmers or their family members exchanging work within the community and their employees are also exempted from coverage. Executive officers of a family farm corporation are excluded. For further information, please refer to our information sheet The Farmer-Employer Exception.
Casual employees: An employee who is not working in the usual course of the trade, business, profession or occupation of the employer and both the employee and employer understand that the employment is meant to be for one time or infrequent rather than permanent or periodically regular.
Household workers: This includes a domestic, repairer, groundskeeper or maintenance worker at a private household, who earns less than $1,000 cash during a quarter of the year unless more than $1,000 was earned in any quarter of the previous year.
Other exclusions: Veterans organization officers and members attending meetings and conventions; nonprofit associations with a total annual payroll for all employees of less than $1,000 and people covered under the Domestic Volunteer Service Act of 1973 (Vista volunteers, foster grandparents).
Minnesota Workers Compensation Subrogation: Minnesota Statute 176.061 is where you will find information about subrogation of workers compensation for the State of Minnesota. "Third Party Liability" is the title of section 061. You can access this Minnesota State Statute through the link we have provided below. This link will take you right to the statute for viewing.
Minnesota Statute About Subrogation
Minnesota Workers Working In Other States; Other States Workers Working In Minnesota, Extraterritorial, Reciprocity and Non-Compliance: When Minnesota workers are working temporarily in another state, then workers compensation coverage for that worker is governed by the extraterritorial provisions found in Minnesota 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. It's reciprocity that governs coverage for a worker from another state who is working temporarily in Minnesota. Note that special rules apply for North Dakota employers, check the statute for details. 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!
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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.