Idaho: Make Sure Remote Workers are Covered

Boise, ID (WorkersCompensation.com) -- Various versions of remote work have gone from "new normal" to "here to stay" over the past several years, but one thing that is still developing is what the implication for workers' compensation laws and compliance is for those who employ working-from-home workers.

On this topic, recently, Idaho reminded employers of the following:

• Telecommuting is becoming more commonplace in Idaho. 
• Out-of-state employers that have an employee who is working from their home in Idaho are required to be covered by a workers’ compensation insurance policy that is endorsed for Idaho.
• It does not matter whether that employee is full-time, part-time, seasonal, or occasional. 

As a caveat, the state emphasized that It should be noted, that workers who are telecommuting from home do not meet the established criteria for the exemptions posted under Title 72-212 (Casual Employment/Employment of Outworkers).

Just what does 72-212 detail? It covers exemptions from workers' compensation coverage for:

• Household domestic service.
• Casual employment.
• Employment of outworkers.
• Employment of members of an employer's family dwelling in his household if the employer is the owner of a sole proprietorship or a single member limited liability company that is taxed as a sole proprietorship.
• Employment of members of an employer's family not dwelling in his household if the employer is the owner of a sole proprietorship, provided the family member has filed with the commission a written declaration of his election for exemption from coverage. "member of an employer's family" means a natural person or the spouse of a natural person who is related to the employer by blood, adoption or marriage within the first degree of consanguinity or a grandchild or the spouse of a grandchild.
• Employment as the owner of a sole proprietorship.
• Employment of a working member of a partnership or a limited liability company.
• Employment of an officer of a corporation who at all times during the period involved owns not less than 10 percent of all of the issued and outstanding voting stock of the corporation and, if the corporation has directors, is also a director thereof.
• Employment for which a rule of liability for injury, occupational disease, or death is provided by federal law.
• Employment as a pilot of an aircraft, while actually operating an aircraft for the purpose of applying fertilizers or pesticides to agricultural crops, shall be exempt from the provisions of the worker's compensation law, provided that:
• The industrial commission has issued to the agent submitting the policy written approval of a policy of insurance that will provide benefits in an amount of not less than: t$25,000 accidental death and dismemberment, $10,000 medical expense payments, and $500 per month disability income for a minimum of 48 months; and
• Once the policy has been approved by the industrial commission, proof of coverage for the specified pilot has been filed with the commission prior to the pilot actually operating an aircraft.
• Provided however, the agent issuing the policy shall obtain approval of the policy of insurance, and proof of coverage for each pilot insured under the policy shall be filed with the commission, each calendar year. The exemption shall be effective on the date the commission receives proof of coverage for the specified pilot, but no earlier than the date written approval of the policy was issued by the commission.
• Associate real estate brokers and real estate salesmen. Service performed by an individual for a real estate broker as an associate real estate broker or as a real estate salesperson, if all such service performed by such individual for such person is performed for remuneration solely by way of commission.
• Volunteer ski patrollers.
• Officials of athletic contests involving secondary schools.

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