Protect Your Rights: The Injured Worker’s Guide to D.C. Workers’ Compensation

Protect Your Rights: The Ultimate Guide to D.C. Workers Compensation is the only book written just for injured workers and their families in the DMV. Written by .
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No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims or creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. Any person entitled to compensation under the provisions of this chapter shall have a lien against the assets of the carrier or employer for such compensation without limit of amount, and shall, upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both, be entitled to preference and priority in the distribution of the assets of such carrier or employer, or both.

In case the payment in default is an installment of the award the Mayor may, in his discretion, declare the whole of the award as the amount in default. The applicant may file a certified copy of such supplementary order with the Clerk of the Superior Court of the District of Columbia. Such supplementary order of the Mayor shall be final, and the Court shall, upon the filing of the copy, enter judgment for the amount declared in default by the supplementary order. No fee shall be required for filing the supplementary order nor for entry of judgment thereon, and the applicant shall not be liable for costs in a proceeding for review of the judgment unless the Court shall otherwise direct.

The Court shall modify such judgment to conform to any later compensation order upon presentation of a certified copy thereof to the Court. Such notice may be served personally upon the employer or other person, or sent to such employer or person by registered or certified mail. Upon application of any interested party the Mayor shall order a hearing within 90 days, unless the Mayor grants a special extension of time for the development of facts.

If a hearing on the claim is ordered, the Mayor shall give the claimant and other interested parties at least 10 days notice of the hearing, served personally upon the claimant and other interested parties or sent to the claimant and other interested parties by registered or certified mail.

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No additional information shall be submitted by the claimant or other interested parties after the date of hearing, except under unusual circumstances as determined by the Mayor. Within 20 days after a hearing is held, the Mayor shall by order reject the claim or make an award in respect of the claim based on substantial evidence before him.

The Mayor shall, by order, reject the claim or make an award in respect of the claim based upon substantial evidence before him, if no hearing is ordered within 20 days after notice is given as provided in subsection b of this section. The place or places shall be reasonably convenient for the employee. Proceedings shall be suspended and no compensation be payable for any period during which the employee may refuse to submit to examination. Copies of all medical reports submitted shall be supplied to any party upon request.

In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of evidence to the contrary:. A Be appointed by the Chairperson;. B Have received an overall rating of satisfactory or above in his or her most recent performance review; and. C Be a member in good standing of the OHA. A The panel shall affirm a compensation order that is based upon substantial evidence and is in accordance with this chapter and other applicable laws and regulations and shall not disturb factual findings contained in the compensation order that are supported by substantial evidence; and.

B Any reversal, in whole or in part, shall be supported by a written order, which shall contain the legal and factual basis for the reversal, and may amend the compensation order, in whole or in part, or remand the matter to the issuing Administrative Law Judge for additional findings of fact or conclusions of law and the issuance of a compensation order on remand; and.

Act , August 2, , 51 DCR Act , October 26, , 51 DCR Short title of subtitle J of title I of Law A party adverse to the review may file an opposition answer within 15 days of the filing of an application for review. B A Memorandum of Points and Authorities, which sets forth the legal and factual basis for the review or the opposition thereto, shall be filed with an application for review and an opposition answer; no further submissions shall be permitted, unless requested by the reviewing panel. If any party shall apply to the Court for leave to adduce additional evidence and shall show to the satisfaction of the Court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Mayor, the Court may order such additional evidence to be taken before the Mayor, and to be made part of the record.

The Court may remand the case for appropriate action. In any court proceedings instituted under the provisions of this chapter, the Corporation Counsel of the District of Columbia shall appear as attorney or counsel on behalf of the Mayor whether the Mayor is a party to the case or interested, and shall represent the Mayor in any court in which such case may be carried on appeal. Prior to the hearing before the Mayor the parties may conduct such discovery, including but not limited to the use of interrogatories and depositions as, in the opinion of the Mayor, will be helpful in determining the rights of the parties.

Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.

Employees Exempt from Workers’ Compensation

The Mayor shall by regulation provide for the preparation of a record of the hearings and other proceedings before the Mayor. Witnesses summoned in a proceeding before the Mayor or whose depositions are taken shall receive the same fees and mileage as witnesses in the Superior Court of the District of Columbia.

If the employer or carrier refuse to accept such written recommendation, within 14 days after its receipt by them, they shall pay or tender to the employee in writing the additional compensation, if any, to which they believe the employee is entitled. In all other cases any claim for legal services shall not be assessed against the employer or carrier. Both the necessity for the witness and the reasonableness of the fees of expert witnesses must be approved by the Mayor, or the court, as the case may be. This provision applies to all benefits secured through the efforts of an attorney, including settlements provided for under this chapter.

Every employer shall keep a record with respect of any injury to an employee. Such record shall contain such information of disease, other disability, or death in respect of such injury as the Mayor may by regulation require, and shall be available for inspection by an authorized representative of the Mayor or of any agency of the government of the District of Columbia at such times and under such conditions as the Mayor may by regulation prescribe.

The employer shall also send a copy of the report together with such other information as may be required by the Mayor to the Department of Employment Services. The Mayor may, as a condition to such authorization, require such employer to deposit with the District of Columbia Treasurer either an indemnity bond or securities at the option of the employer of a kind and in an amount determined by the Mayor, and subject to such conditions as the Mayor may prescribe, which shall include authorization to the Mayor, in case of default, to sell any such securities sufficient to pay compensation awards or to bring suit upon such bonds, to procure prompt payment of compensation under this chapter.

Any employer securing compensation in accordance with the provisions of this subsection shall be known as a self-insurer. Any carrier so authorized by the Mayor shall maintain a representative in the District of Columbia who can fulfill all of the obligations of the carrier under this chapter and who shall maintain a file of all active claims being serviced by the carrier in the District of Columbia.

The Mayor may suspend or revoke the authorization of any carrier to insure payment of compensation under this chapter for good cause shown after a hearing at which the carrier shall be entitled to be heard in person or by counsel and to present evidence. No suspension or revocation shall affect the liability of any carrier already incurred. If the employer fails to commence an action against such third person within 90 days after the cause of action is assigned under this section, the right to bring the action shall revert to the person entitled to compensation. C All amounts paid as compensation; and.

Section 7 of D. Law provided that the act shall apply as of October 1, , and that the act shall apply to violations occurring after October 1, Law added the last sentence in b. Act , October 4, , 60 DCR Act , May 22, , 61 DCR For temporary 90 days repeal of D. For temporary days repeal of D. Section 3 of D. Law provided that the act applies to causes of action for negligence for which the 3-year statute of limitations has not expired. Every employer who has secured compensation under the provisions of this chapter shall keep posted in a conspicuous place or places in and about his place or places of business typewritten or printed notices, in accordance with a form prescribed by the Mayor, stating that such employer has secured the payment of compensation in accordance with the provisions of this chapter.

Such notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy. In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the Mayor shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer, in respect to such liability, imposed by this chapter upon the employer, as he considers proper in order to effectuate the provisions of this chapter.

Certification of an insured shall be required for each of the 4 years in which the premium discount is granted. Thereafter, any premium discount authorized pursuant to this chapter shall be determined from the experience rating plan of the insured, or in the case of an insured not rated upon experience. Act , February 27, , 51 DCR Such fund shall be administered by the Mayor. The Mayor may invest any portion of the fund which, in the opinion of the Mayor, is not needed for current requirements in bonds or notes of the United States or any federal land bank; provided, that such investments are made pursuant to the Financial Institutions Deposit and Investment Act of The method of assessing self-insured employers shall be based upon paid losses.

The method of assessing insured employers shall be a surcharge based on premium as set forth in this subsection. The portion of the total aggregate assessment to be collected from self-insured employers shall be equal to that proportion of the total paid losses during the preceding fiscal year, which the total paid losses of all self-insured employers bore to the total paid losses made by all self-insured employers and insurers on behalf of all insured employers during the preceding fiscal year.

The portion of the total aggregate assessment that shall be collected from insured employers shall be equal to that proportion of total paid losses during the preceding fiscal year, which the total paid losses made on behalf of all insured employers bore to the total paid losses made by all self-insured employers and insurers on behalf of all insured employers during the preceding fiscal year. The new self-insured employer shall be assessed on the basis of premium.

The payroll measurement period shall be the fiscal year immediately preceding conversion and the subsequent 2 fiscal years. The Mayor shall notify self-insured employers, at the same time, of the amount to be assessed against self-insured employers for the following fiscal year. The assessment against self-insurers and the surcharge rate applicable to policies of insured employers, together with amounts generated by paragraphs 1 and 2 of this subsection, shall be sufficient to generate revenue needed to satisfy obligations to the Special Fund.

Self-insured employers and insurers, on behalf of their policyholders, shall remit any emergency assessment within 30 calendar days of receipt of notice from the Mayor. These assessments shall include any amounts paid by insurers on behalf of their policyholders to cover an emergency assessment by the Mayor during the previous fiscal year.


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These collections shall be for the administration of the Special Fund and shall not be part of the General Fund of the District of Columbia. Any balance remaining at the end of any fiscal year shall not revert to the General Fund and shall be used exclusively to offset any Special Fund assessment required in the next immediate fiscal year.

Law rewrote subsec. Act , October 30, , 44 DCR Act , February 25, , 45 DCR Short title of subtitle K of title I of Law Law ; D. The fund shall be administered by the Mayor. The cost of administration shall include any expenses that have been incurred, will be incurred, or that will accrue during the fiscal year. The cost of administration shall include any expenses to be incurred or that will accrue during the fiscal year. The cost of administration shall include any expenses to be incurred or which will accrue during the fiscal year. Adjustments for differences between the beginning year assessment and the year end actual determination, if any, shall be made to the next ensuing assessment.


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    • Self-insurers and carriers, on behalf of their policyholders, shall remit the emergency assessment within 30 calendar days of receipt of the assessment. Law added subsec. Act , July 2, , 57 DCR Section b of D. It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter.

    Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination; provided, that if such employee ceases to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments.

    Any provision in an insurance policy undertaking to relieve the employer from liability for such penalties and payments shall be void. The filing shall be subject to approval or disapproval by the Commissioner, but an approval or disapproval shall be made not later than 60 calendar days after first receipt of the loss cost filing. For any policy in effect on April 16, , through the end of the policy period the premium shall be reduced by a percentage which equals the benefit level reduction.

    Law added this section. Department of Labor is held to administrative cost standards equal to those associated with post claims;. Law rewrote subsecs. Should a court of competent jurisdiction declare any provision of this chapter to be unconstitutional or beyond the authority of the Council of the District of Columbia, such declaration shall have no effect upon any other provision of this chapter. Act expired on May 26, Consequently, this chapter took effect on July 24, When used in this chapter, the term: A Under 18 years of age, and also persons who, though 18 years of age or over, are substantially dependent upon the deceased employee and incapable of self-support by reason of mental or physical disability; or B Are students as defined herein.

    A Accordance with Chapter 12 of Title 3 ; or B Any state or jurisdiction of the United States, in accordance with the laws of that state or jurisdiction. A A school or college or university operated or directly supported by the United States, or by any state or local government or political subdivision thereof; B A school or college or university which has been accredited by a state or the District of Columbia, or a state or District of Columbia recognized, or nationally recognized accrediting agency or body; C A school or college or university not so accredited but whose credits are accepted, on transfer, by not less than 3 institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; or D An additional type of educational or training institution as defined by the Mayor, but not after he reaches the age of 23 or has completed 4 years of education beyond the high school level, except that, where his 23rd birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period.

    Prior Codifications Ed. Effect of Amendments D. The report shall include the following: Editor's Notes Mayor authorized to issue rules: Effect of Amendments The amendment by D. Short Title Section of D. Editor's Notes Applicability of D. Compensation for disability shall be paid to the employee as follows: V i In other cases the employee shall elect: I To have his or her compensation calculated in accordance with the formula set forth in either sub-subparagraph ii I or II of this subparagraph; and II To receive the compensation at the time the employee returns to work or achieves maximum medical improvement.

    A If there be a surviving spouse or domestic partner and no child of the deceased to such spouse or domestic partner; B If there be a surviving spouse or domestic partner and surviving child or children of the deceased, one half shall be payable to the spouse or domestic partner and the other one half to the surviving child or children; C The Mayor may in his discretion require the appointment of a guardian for the purpose of receiving the compensation of the minor child.

    If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following: In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of evidence to the contrary: A Be appointed by the Chairperson; B Have received an overall rating of satisfactory or above in his or her most recent performance review; and C Be a member in good standing of the OHA.

    A The panel shall affirm a compensation order that is based upon substantial evidence and is in accordance with this chapter and other applicable laws and regulations and shall not disturb factual findings contained in the compensation order that are supported by substantial evidence; and B Any reversal, in whole or in part, shall be supported by a written order, which shall contain the legal and factual basis for the reversal, and may amend the compensation order, in whole or in part, or remand the matter to the issuing Administrative Law Judge for additional findings of fact or conclusions of law and the issuance of a compensation order on remand; and 3 Make its disposition within 30 days of being assigned the application for review.

    Executives or sole proprietors with a financial interest who are employed by a corporation or LLC can choose not to be covered, but the executive is still counted for determining the number of workers. Employers with less than three employees. Corporate officers may choose to be excluded from insurance coverage, but are still counted in the employee count. Sole proprietors, LLC members, and partners are not automatically counted as an employee and may choose to be included.

    North Carolina Industrial Commission. Sole proprietors, partners, and corporate officers have the option to cover themselves, but can choose not to. Self-insurance and private insurance are not permitted. Coverage is optional for sole proprietors, partners, family farm corporate officers, LLCs acting as partnerships, an LLC acting as sole proprietor, and individuals incorporated as a corporation with no employees.

    Sole proprietors, LLCs, partners, and corporate officers can choose to cover themselves or be excluded. Coverage for sole proprietors, partners, and corporate officers is optional. Pennsylvania Department of Labor and Industry. Employers with three or fewer employees, sole proprietors, partners, and independent contractors. Rhode Island Department of Labor and Training.

    Employees include adults, minors, and seasonal workers. Corporate officers and members of LLCs are included, but may choose to be excluded. Sole proprietors and partners are excluded, but may choose to be included. Every employer in the construction or coal mining business or trades regardless of the number of employees, including subcontractors , and every employer with five or more employees must carry coverage.

    Family members and part-time employees are included when determining the number of employees. Corporate officers are also included in the count even if excluded from coverage. Sole proprietors, LLC members, and partners are excluded but may choose to be included. Construction companies on contract for governmental entities, however, must have coverage. Sole proprietors, partners, corporate officers, and LLC members in are included under state coverage, but can choose to opt out. Employers not carrying insurance are non-subscribers and must notify employees, but could be liable in a civil suit.

    Workers have the legal right to file compensation claims if they think they have a genuine case and their employer refuses to pay benefits. Texas Department of Insurance. All employers are required to carry coverage for employees. Directors, officers, and LLC members are considered employees.

    Employees Exempt from Workers’ Compensation

    To exclude themselves from mandatory coverage, they must do so through an insurance company. Sole proprietors, partners and LLCs are not required to have coverage but may choose to be covered. General contractors must ensure their subcontractors including sole proprietors, partners, and corporate officers carry coverage. Businesses excluded from mandatory coverage include employers of agricultural laborers, casual or domestic workers, and real estate brokers.

    Sole proprietors and partners may purchase coverage, but are not required to. Corporate officers and LLC members are included in coverage requirements, but may choose to be exempt. If the independent contractor lacks coverage, your business will be responsible. Vermont Department of Labor. Employers who regularly employ two or more employees are required to carry coverage. Employees include part-time, seasonal and temporary workers, minors, trainees, immigrants, and working family members. Coverage is optional for businesses with fewer than two employees.

    Sole proprietors, partners, and LLC members are excluded from mandatory coverage, but may choose to cover themselves with their policy. Sole proprietors, partners, corporate officers, and LLC members are excluded from mandatory coverage, but may choose to be included in their policy. Independent contractors, agricultural employers with less than five employees, and casual employers with less than three workers are exempt. Sole proprietors, partners, LLC members, and corporate officers are all included in coverage, but can choose to be excluded.

    Other exemptions include domestic service employers, federally-covered employees, employers who are churches, and employers in organized professional sports but coverage must be provided for employees who help run the business but do not participate in sporting activities. West Virginia Offices of the Insurance Commissioner. Employers with fewer than three employees are exempt. Farmers who employ six or more workers on the same day for any 20 days during the calendar year must purchase insurance no later than ten days after the 20th day of employment.

    Out-of-state employers who have employees working in Wisconsin must have coverage, and the policy must be through an insurance company licensed in Wisconsin. Wisconsin Department of Workforce Development. All employers must have coverage for all employees. Employees include workers under any contract of hire express or implied, oral or written and also include minors, aliens authorized to work, and aliens the employer reasonably believes to be authorized to work. Sole proprietors and partners are excluded from coverage for themselves. Corporate officers and LLC members may choose to be covered.

    Exemptions also include the following, who are not considered employees: Wyoming Department of Workforce Services. All content on this page is for general informational purposes only and does not apply to any specific case, is not legal advice and should not be relied upon. Please note that the information provided on this page may change at any time as a result of legislative action, court decisions or rules adopted or amended by any state or the federal government. Enter your email to get FREE small business insights. NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

    Terms and Conditions Privacy. June 07, Related Content: Legal - Compliance Legal Workers Compensation. State by State Comparison: Alaska Worker Compensation Requirements. Arizona Worker Compensation Requirements. Purchased from a commercial provider. Arkansas Worker Compensation Requirements.

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    Most employers with three or more employees must carry coverage. California Worker Compensation Requirements. Colorado Worker Compensation Requirements. Connecticut Worker Compensation Requirements. Delaware Worker Compensation Requirements. District of Columbia Worker Compensation Requirements. Florida Worker Compensation Requirements.

    Georgia Worker Compensation Requirements. Hawaii Worker Compensation Requirements. Idaho Worker Compensation Requirements. Illinois Worker Compensation Requirements. Indiana Worker Compensation Requirements. Iowa Worker Compensation Requirements. Kansas Worker Compensation Requirements. Kentucky Worker Compensation Requirements. All employers with one or more employees, regardless of employee status. Louisiana Worker Compensation Requirements. Maine Worker Compensation Requirements. Maryland Worker Compensation Requirements. Massachusetts Worker Compensation Requirements.

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    Michigan Worker Compensation Requirements. All businesses with one or more employees are required to carry coverage. Minnesota Worker Compensation Requirements. Mississippi Worker Compensation Requirements. Missouri Worker Compensation Requirements. Montana Worker Compensation Requirements. Nebraska Worker Compensation Requirements. Nevada Worker Compensation Requirements. New Hampshire Worker Compensation Requirements. New Jersey Worker Compensation Requirements. New Mexico Worker Compensation Requirements. New York Worker Compensation Requirements.

    North Carolina Worker Compensation Requirements. North Dakota Worker Compensation Requirements. Ohio Worker Compensation Requirements. Oklahoma Worker Compensation Requirements. Oregon Worker Compensation Requirements. Sole proprietors can purchase coverage for themselves, but are not required to. Pennsylvania Worker Compensation Requirements. Rhode Island Worker Compensation Requirements. South Carolina Worker Compensation Requirements.

    South Dakota Worker Compensation Requirements.