Sometimes in the field of workers’ compensation, it is very easy to determine whether an employee is a covered employee under the Workers’ Compensation Act. However, there are certain professions where there is no clear answer or people just do not know where to find out whether they are covered under the Workers’ Compensation Act.
Those workers who regularly distribute or sell newspapers on the street or to customers at their home or place of business are covered employees. If a newspaper delivery person is injured while delivering newspapers, they are entitled to recover from the employer under the Workers’ Compensation Act. To determine who the employer is, look to each independent news agency for which the employee sells the newspapers and each publisher who engages the employee to distribute or sell the newspapers.
Domestic Worker (Housekeeper Workers’ Comp; Maid Workers’ Comp)
A worker who is employed as a domestic servant in a private home is covered under the Workers’ Compensation Act, but only if the injured worker earns at least $1,000 in cash in a calendar quarter from the household.
A farmer includes a dairy farmer. A migrant farm worker means in individual who engages in seasonal or other temporary agricultural employment and who does not reside overnight of the farmer and is transported to and from the place of employment. A migrant farm worker does not include someone who performs a service the work of a regular farmer if the individual does not operate equipment, and is employed within 25 miles of the permanent resident of the farmer, and is not employed for more than 13 weeks a year.
An individual is considered a covered employee, including a migrant farm worker, if the person receives compensation from a farmer for any service other than office work, including: (a) operating a machine connected with animal, crop, or soil management; (b) constructing or repairing a fixture or machine, and (c) handling an animal or crop with or without a machine. In addition to receiving compensation from a farmer, in order for an individual to be covered, the farmer must employ at least three full-time employees or have an annual payroll of at least $15,000 for full-time employees.
A farm worker is not a covered employee if the person meets the definition of an Independent Contractor.
A person who is on jury duty in a circuit court of any county in Maryland is a covered employee. The employer is the State of Maryland.
Maintenance Worker or Remodeler
Someone who is employed to do maintenance, remodeling, repairs, or similar work is not a covered employee if the individual is not employed for more than 30 consecutive work days and the work is completed in or around a private home of the employer or if the employer has no other covered employee in or around the premises where the employer conducts business.
A miner is a covered employee while that person is working in or about the mine to extract minerals, which includes clay, coal, and iron.
Office of Political Subdivision
Each appointed or elected official in a political subdivision is a covered employee while performing an official duty.
Real Estate Agents
A person is not a covered employee if the individual is a licensed real estate salesperson or a licensed associate real estate broker, is affiliated with a licensed real estate broker under a written agreement, is compensated solely on a commission basis, and, for federal tax purposes, qualifies as an Independent Contractor.
A person who is a covered employee while regularly employed or while serving in an apprenticeship continues to be a covered employee while the person receives instruction or training outside of regular work hours, if it relates to the employment or apprenticeship.