Employees of sole proprietors and partnerships
Employers who operate as sole proprietors or partnerships are required to carry
workers’ compensation coverage on their employees even though coverage on the sole
proprietor and partners is optional.
Independent contractor vs. employee
Sometimes employers mistakenly consider a worker to be an independent contractor
and neglect to provide workers’ compensation coverage. If an employer controls the
working hours, selection of materials, traveling routes and quality of performance
of a worker, an employer-employee relationship exists and the employer is required
to provide workers’ compensation coverage for that employee.
Domestic workers are those employees who are hired to work in and around the home.
Job duties of domestic workers would include:
If a domestic worker earns $160 or more from one employer during a calendar
quarter, the employer is required to provide workers compensation coverage for that
domestic worker. BWC defines a calendar quarter as any consecutive 13-week period.
A corporate officer by definition is an employee of a corporation, whether the
business is for profit or non-profit. A corporate officer cannot be considered a
volunteer in the business.
Active executive officers of a corporation, except for an individual incorporated as
a corporation or officers of a family farm corporation, are considered employees for workers' compensation purposes. The
workers' compensation policy of the corporation covers the corporate officers,
and the employer must report wages paid to corporate officers.
The minimum reportable amount for an unpaid officer is applied if the officer
is active in the business. Officers are considered active if they are engaged
in any work on behalf of the corporation.
Non-officer board members are not subject to the officer minimum/maximum rules.
Corporate officers of Subchapter S corporations, except for an individual incorporated as a corporation,
must report a reasonable wage for the services they perform.
Volunteers performing emergency service duties
Volunteers generally are not covered by workers’ compensation because they receive
no wages. However, public employers such as cities, townships and villages, are
required to carry workers’ compensation coverage for the volunteer emergency service
personnel they engage. Examples of volunteer emergency service occupations
requiring coverage would be:
Employers must report at least $300 per enrolled person per year with a minimum reportable
payroll of $4,500.
- Volunteer firefighters;
- Volunteer police officers;
- Volunteer emergency medical technicians.
Volunteers performing non-emergency duties
Public employers may elect to cover volunteer workers who perform non-emergency duties and persons
assigned volunteer work instead of a fine or jail sentence. These volunteers are reported by completing form U-69,
Contract for Coverage of Political Subdivisions (Non-profit Organizations, etc.).
Return the completed contract with a roster of all personnel including names, addresses, Social Security numbers and a copy of the court order
signed by the judge, if applicable.
Individuals performing volunteer services for private employers, including non-profit
organizations such as churches, are not covered under the workers' compensation policy of the organization.