Are agricultural workers covered under workers compensation


Is Workers’ Compensation Coverage Required? Workers’ compensation insurance is required for all farms who have employees. The spouse and minor children (under 18 years old) of a farmer are NOT counted as employees under the WCL as long as they are NOT under an express contract of hire.

Are agricultural products covered by workers’ compensation?

[2] Note: Agricultural products grown or raised in accordance with a production contract may not result in an employer-employee relationship covered by workers’ compensation even if the party hiring the grower is otherwise a covered employer. [3] The state exemptions vary widely.

Are AG employers exempt from workers’ compensation?

But, even if an ag employer is exempt, the employer can elect to be covered by the workers’ compensation system and purchase workers’ compensation insurance. If the election is made, an employee injured on-the-job cannot file a civil suit to recover for their injuries.

Are farm workers entitled to workers’compensation?

If a farmworker is employed by a grower who also employs H-2A workers, then the grower must provide workers’ compensation to all other employees as well. Federal law requires that a farmer employing H-2A workers provide workers’ compensation to all employees.

Are H-2A temporary agricultural workers entitled to workers compensation?

For those employers who hire temporary foreign workers under the H-2A temporary agricultural program are required to provide workers compensation coverage or its equivalent benefits to their workers.


What is considered working in agriculture?

Agriculture includes farming in all its branches when performed by a farmer or on a farm as an incident to or in conjunction with such farming operations. Virtually all employees engaged in agriculture are covered by the Act in that they produce goods for interstate commerce.

Is farming a hazardous occupation?

Agriculture ranks among the most hazardous industries. Farmers are at very high risk for fatal and nonfatal injuries; and farming is one of the few industries in which family members (who often share the work and live on the premises) are also at risk for fatal and nonfatal injuries.

What is the most common farm accident?

Here are the top 7 most common farming accidents that result in injury or death:Overturning tractors and heavy machinery. … Falls. … Toxic chemical exposure to pesticides. … Suffocation. … Heat stress. … Limbs crushed in agricultural machinery. … Animal-related injuries.

What are agricultural hazards?

Farmers and farm workers suffer from increased rates of respiratory diseases, noise-induced hearing loss, skin disorders, certain cancers, chemical toxicity, and heat-related illnesses. There are precautions that can be taken to minimize or eliminate these potential hazards.

What are the most common illnesses that crop workers suffer from?

Exposure to heat and the resulting illnesses cause thousands of workers to become ill every year. Dehydration, heat exhaustion, heat rash, heat cramps and heat stroke are common heat-related illnesses suffered by agricultural laborers.

What are the hazards of agriculture?

Other hazards in the agricultural industry include: 1 Chemicals and pesticides 2 Respiratory distress resulting from contaminated air caused by animal confinement 3 Musculoskeletal injuries caused by repetitive strain

How many people died in tractor accidents in 2011?

Farm tractor accidents killed more than 1,500 people between 2003 and 2011, according to the Occupational Health and Safety Administration (OSHA).

Is workers compensation required in all states?

The role of workers’ compensation is a complex but vital one within the agricultural industry. While coverage for temporary farm workers is not required in all states, employers can enjoy peace of mind and reduce their risk of costly litigation in the event of an incident by ensuring they have the insurance protection they need.

Which states require insurance for farming?

Those states are Arizona, California, Colorado, Connecticut, Hawaii, Idaho, Massachusetts, Minnesota, Montana, New Hampshire, New Jersey, Ohio, and Oregon. Coverage is also required to be provided to those in the District of Columbia (yeah, I know, not a huge mecca of farming), Puerto Rico, and the US Virgin Islands.

Which states do not require workers compensation?

Included in this grouping are the following states: Alabama, Arkansas, Delaware, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Nebraska, Nevada, North Dakota, South Carolina, Tennessee, and Texas.

What is farm employee?

“Farm employee” means any insured’s employee whose duties are principally in connection with the maintenance or use of the “insured location” as a farm.

When did workers compensation change?

Around the beginning of the 1900s, there was a significant amount of discussion and lawyering (as well as laws being passed and then subsequently declared unconstitutional in a number of states) regarding the requirement of workers compensation coverage for injured employees. The initial changes came in 1911 in Wisconsin, and then nine other states followed that same year. Mississippi became the last state to enact a law in 1948. Most of this (I am being as brief as possible here) was in response to multiple disasters in various states—not the least of which was the Triangle Shirtwaist Factory fire in New York City on March 25, 1911.

What is farm premises?

The farm premises shown in the declarations. Premises used in conjunction with the farm premises. Vacant land owned or rented to an insured. Any part of a premises occasionally rented to an insured for farming purposes. Any farm premises acquired during the policy period.

Do farm operators have to carry workers compensation?

Some states require farm/ag operators to carry workers compensation for injuries to their employees. Some do not. For those that have the requirement, the answer is simple: buy a workers compensation policy. For those where workers compensation is not required, they can elect to use the FL 04 65 endorsement.

Can you use FL 04 65 for workers comp?

For those where workers compensation is not required, they can elect to use the FL 04 65 endorsement. In many states, an insured can elect to provide workers compensation on a voluntary basis, even though it is not required to purchase the coverage.

How does workers compensation work?

Workers’ compensation benefits are secured by insurance policies, paid for by the employer. Each state has its own standards and rules. When a covered worker suffers a job-related injury or illness, she can receive medical benefits and/or a portion of her lost wages, if she files a workers’ compensation claim and that claim is approved.

Do all states have little or no workers compensation?

About half of all states have little or no coverage for farmworkers. Learn which states provide coverage and claim filing barriers. Photo by David Bacon. Although agriculture is one of the nation’s most hazardous industries, about half of all states allow agricultural employers to provide little or no workers’ compensation coverage for migrant …

Can undocumented workers file for workers compensation in Maine?

In Maine, the legislature has gone even further, prohibiting undocumented workers from receiving any workers’ compensation benefits. Due to the vulnerability of this workforce, employer threats of retaliation discourage many farmworkers from filing workers’ compensation claims, even when they are eligible for benefits.

What is FLSA in agriculture?

The FLSA is the federal law which sets minimum wage, overtime, recordkeeping, and child labor standards. Agriculture includes farming in all its branches when performed by a farmer or on a farm as an incident to or in conjunction …

What are the exemptions for minimum wage?

Additional exemptions from the minimum wage and overtime provisions of the Act for agricultural employees apply to the following: 1 Agricultural employees who are immediate family members of their employer 2 Those principally engaged on the range in the production of livestock 3 Local hand harvest laborers who commute daily from their permanent residence, are paid on a piece rate basis in traditionally piece-rated occupations, and were engaged in agriculture less than thirteen weeks during the preceding calendar year 4 Non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16.

Who is exempt from overtime pay?

There are, however, some exemptions which exempt certain employees from the minimum wage provisions, the overtime pay provisions, or both. Employees who are employed in agriculture as that term is defined in the Act are exempt from the overtime pay provisions.

How many man days are exempt from FLSA?

Any employer in agriculture who did not utilize more than 500 “man days” of agricultural labor in any calendar quarter of the preceding calendar year is exempt from the minimum wage and overtime pay provisions of the FLSA for the current calendar year.



Workers’ Compensation

  • Under a workers’ compensation system an employee is entitled to a guaranteed compensation for work-related injuries, regardless of fault. The amount of compensation is a set statutory amount. The employer pays for the cost of participating in the system through the payment of insurance premiums. Once the employment situation is in the system, the employee cannot bring any type …

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Exemption For Agricultural Activities

  • Presently, 16 states have some sort of exemption for “farm” or “agricultural” labor from workers’ compensation coverage.The historic reasons for the exemption are couched in administrative ease and economics – that it would be particularly difficult for a small farming operation to maintain the necessary records, insurance and accounting to properly comply with the workers’ …

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Two Ag States and Two Different Approaches

  • Kansas.In Kansas, employers engaged in an “agricultural pursuit” are exempt from the workers’ compensation system. However, feedlots, sale barns, grain elevators and feed mills are not exempt. But, even if an ag employer is exempt, the employer can elect to be covered by the workers’ compensation system and purchase workers’ compensation insurance….

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Constitutional Issues

  • Over the years, constitutional challenges based on equal protection have been mounted against state exemptions for certain types of agricultural workers. Those challenges have largely been dismissed on the basis that the states have a reasonable basis for excluding certain types of agricultural businesses and certain types of agricultural workers from workers’ compensation co…

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  • Even in those states with an exemption from workers’ compensation for agricultural employment, it could be a good idea in certain situations for ag employers to elect to be covered. Without coverage, business assets can potentially be subject to claims of employees that are injured (or killed) on the job. In non-covered employment situations, the common law system applies. Unde…

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