Generally, an employee is covered under the Workers’ Compensation Act if the employee is employed by a person, a governmental unit, or a quasi-public corporation that is required by law to provide workers’ compensation benefits under the Workers’ Compensation Act.
Employers who are required to provide workers’ compensation benefits are those employers that have at least one covered employee.
There is a presumption that an individual, including a minor, is a covered employee while in the service of an employer under an express or implied contract of apprenticeship or hire. This presumption means that the burden is on the employer to prove that an injured worker was not a covered employee if an injury occurs. The employer may overcome this presumption by proving that the injured worker is an independent contractor or that the injured worker is specifically exempted from covered employment under the Workers’ Compensation Act. If the employer is unable to, or does not prove that the injured worker was not a covered employee, the Commission will automatically find that the injured worker is covered for the purposes of receiving workers’ compensation benefits.
Those employees who are not covered employees, pursuant to statute, include:
- Casual employees
- Independent contractors
- Partners in a business agreement
- Real estate salespeople and associate real estate brokers
- Recipient of workers’ compensation benefits under federal law
- Sole proprietor
- Passenger in a vanpool operation
- Volunteer fire or rescue personnel, unless an election is made, in the following counties:
- Alleghany County
- Carroll County
- Charles County
- Garrett County
- St. Mary’s County
- Somerset County
- Washington County
- Worcester County
- Worker for aid or sustenance from a charitable or religious organization