Workers Compensation Rules of Monopolistic State Funds: Wyoming

workers compensation insuranceIn the state of Wyoming, workers compensation coverage is compulsory only for specifically required industries or occupations. The workers compensation division administers the state fund. The program provides benefits to eligible employees who suffer a work related injury or illness. Employers who employ workers in required (or extra-hazardous) industries or occupations as described within the state’s workers compensation act must provide coverage for their employees through the state fund (See title 27 of the Wyoming statutes, specifically §27-14-108, for a lengthy list of applicable and excluded classifications). This coverage for such employees is compulsory and may not be provided through a private carrier. Coverage for all other industries and occupations is optional at the choice of the employer and is not compulsory, either through the state fund or through a private carrier. Specific industries are excluded from coverage through the state fund unless coverage is elected for all employees. The elective coverage is in effect for a minimum three year period. Coverage may be withdrawn by the employer after the three year period if the employer is current on all contributions and payments required by the act.

Employer premiums are set through an industry based rating system with experience modification assigned after an employer has been registered in the state fund for two fiscal years.

Any nonresident employee and his nonresident employer who are temporarily engaged in work within the state of Wyoming are exempt from the provisions of Wyoming’s workers compensation act. Wyoming residents employed by a nonresident employer in a required industry or occupation must be provided coverage through the Wyoming workers compensation act. Wyoming employers and employees covered under the state’s workers compensation act but temporarily working out of state are still covered by the Wyoming law. Employers who hire workers in another state to perform working the other state must provide coverage for those employees under the laws of the other state.

Nonresident employers who hire Wyoming resident employees in a required industry or occupation must complete and file an application for coverage with the Wyoming workers compensation division. A nonresident employer is defined as one who has not been domiciled in Wyoming for at least one year prior to commencing operations in the state.

The workers compensation act requires a minimum $10,000 surety bond for all nonresident employers required to register and provide coverage with the state fund. Employers performing work in Wyoming under contract are subject only to the $10,000 bond requirement if the contract amount does not exceed $100,000. For each additional $100,000 or fraction thereof of contract, an additional $1,000 is required, up to a maximum bond required of $50,000.

Department of Employment

Division of Workers Compensation

Herschler Bldg.

122 W. 25th St.

Cheyenne WY 82002-0700

(307) 777-7441; FAX: (307) 777-6552