Compulsory: The law is compulsory for all employers engaged in extra-hazardous occupations and elective for all other occupations. However, do not be fooled, the list for extra-hazardous occupations is spelled out in the Wyoming state statutes and is quite long and complicated. Please contact the Wyoming Workers Safety and Compensation Division for details.
Private Insurance: Not Allowed
Self-Insurance: Not Allowed
State Fund: Wyoming operates an exclusive state fund. Workers Compensation coverage may only be purchased from this fund. Contact:
Assigned Risk: Maintained by the Wyoming Workers Safety and Compensation Division. See state fund for contact information.
Numerical Exceptions: No exceptions
Individual Waivers Allowed: No
Sole Proprietor: Excluded from coverage
Partners: Excluded from coverage
Corporate Officers: Excluded from coverage/may elect to be included
LLC Members: Excluded from coverage/may elect to be included
Election or Rejection of Coverage Forms:
Election of Coverage: A request for workers compensation coverage for an owner must be submitted in writing on an affidavit of coverage form. This form is provided by the Workers Compensation division. You must request an affidavit by calling the Division at 1-307-777-6763.
Rejection of Coverage: A request to reject or cancel workers compensation coverage for an owner must be submitted in writing to the Workers Compensation Division. Contact the Division at 1-307-777-6763 for additional information.
Note About Forms: Also be sure to contact your insurance company for information about additional forms they may use for exclusion or inclusion of coverage.
Special Notes: "Employee" means any person engaged in any extrahazardous employment under any appointment, contract of hire or apprenticeship, express or implied, oral or written, and includes legally employed minors, aliens authorized to work by the United States department of justice, office of citizenship and immigration services, and aliens whom the employer reasonably believes, at the date of hire and the date of injury based upon documentation in the employer's possession, to be authorized to work by the United States department of justice, office of citizenship and immigration services. "Employee" does not include:
Any individual whose employment is determined to be casual labor;
A sole proprietor or a partner of a business partnership;
An officer of a corporation unless coverage is elected pursuant to W.S. 27-14-108(k);
Any individual engaged as an independent contractor;
A spouse or dependent of an employer living in the employer's household;
A professional athlete, except as provided in W.S. 27-14-108(q);
An employee of a private household;
A private duty nurse engaged by a private party;
An employee of the federal government;
Any volunteer unless covered pursuant to W.S. 27-14-108(e);
Any adult or juvenile prisoner or probationer unless covered pursuant to W.S. 27-14-108(d)(ix);
An elected public official or an appointed member of any governmental board or commission, except for a duly elected or appointed sheriff or county coroner;
The owner and operator of a motor vehicle which is leased or contracted with driver to a for-hire common or contract carrier. The owner-operator shall not be an employee for purposes of this act if he performs the service pursuant to a contract which provides that the owner-operator shall
not be treated as an employee for purposes of the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act and income tax withholding at source;
A member of a limited liability company unless coverage is elected pursuant to W.S. 27-14-108(k);
A foster parent providing foster care services for the department of family services or for a certified child placement agency;
An individual providing child day care or babysitting services, whose wages are subsidized or paid in whole or in part by the Wyoming department of family services. This exclusion from coverage does not exclude from coverage an individual providing child day care or babysitting services as an employee of any individual or entity other than the Wyoming department of family services.
Please note that extrahazardous is defined and included in an extensive list under Wyoming workers comp code #27-14-108. Please refer to the state statutes for details and contact the Wyoming Workers' Safety and Compensation Division with any questions you may have. Keep in mind their law is somewhat complicated.
Wyoming Workers Compensation Subrogation: The State of Wyoming provides its statutory information about workers compensation subrogation in state statute 27.14.105. 27.14.105 is called Action against third party; notice; subrogation; legal representation; payment under reservation of rights; actions by department and is found under Title 27, Chapter 14, Article 105. This statute is viewable online and you can access this through the link below.
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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.