Wyoming

Buying workers’ compensation for:

Wyoming

State Fund: Yes, Exclusive. Wyoming is a monopolistic state. It has a state-operated insurance fund where businesses are required to buy workers’ compensation insurance from the state. Private insurers cannot operate in this monopolistic fund state. Self-insurance is not permitted.

Insurance Coverage Requirements: Workers’ Compensation is compulsory* in Wyoming, waivers are not permitted.

Who is Required to Purchase Workers’ Compensation Coverage?

*The law is compulsory for all employers engaged in extrahazardous occupations and elective for all other occupations. The list of occupations can be found here.

"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 WS 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.

Factors that Impact Coverage

  • You are a sole proprietor or partner: In Wyoming, you are excluded from coverage.
  • You are a corporate officer or member of an LLC: Wyoming excludes you from coverage, but you have the option to include yourself.

Failure to Secure Compensation

Any employer not applying for coverage of eligible employees or, after obtaining coverage under this act, any employer failing, neglecting or refusing to make payments required by this act within thirty (30) days of the date due and against whom any injured employee is held entitled to worker’s compensation benefits is liable to the state for an amount equal to all awards entered for payment to or for the employee under this act. If the employer fails, neglects or refuses to satisfy his liability within the thirty (30) day period, the amount shall be recovered by civil action in the name of the director. The entry of final order by the division or hearing examiner approving and allowing an award of compensation is prima facie proof of the liability of an employer failing to comply with this act. Any employer employing any person in any covered employment who, following notice by the division of the remedies authorized under this section, fails to apply for coverage under this act or, after obtaining coverage under this act, fails to make payments within thirty (30) days of the date due, shall be enjoined in an action instituted by the director from engaging or continuing in a business covered by this act. Operations shall be enjoined until required payments are made and the employer complies with this act. The director is not required to give bond in the action.

Proof of Coverage is Required

Each employer shall keep posted in a conspicuous place for employees a notice which shall be furnished by the division and which shall contain a brief summary of this act and procedures for filing claims. Each employer shall also keep a copy of this act and have it available for all employees.

Independent Contractors

Mistakenly classifying an employee as an independent contractor can result in significant fines and penalties.

View 20 factors used by the IRS and our independent contractor questionnaire to determine whether you have enough control over a worker to be an employer.

Other Tips

If your insured employs workers in multiple states or your insured’s employees are temporarily working out-of-state, they need to purchase insurance for all the states where their workers are located, according to each state’s laws. Call 1-800-476-2948 and let us walk you through it.

The nature of your insured’s business, number of employees being covered and past coverage and claims are all factors in how much their premium will cost.