85.1 INAPPLICABILITY OF CHAPTER.
Except as provided in subsection 6 of this section, this chapter
does not apply to:
1. Any employee engaged in any type of service in or about a
private dwelling except that after July 1, 1997, this chapter shall
apply to such persons who earn one thousand five hundred dollars or
more from such employer for whom employed at the time of the injury
during the twelve consecutive months prior to the injury, provided
the employee is not a regular member of the household. For purposes
of this subsection, "member of the household" is defined to be
the spouse of the employer or relatives of either the employer or
spouse residing on the premises of the employer.
2. Persons whose employment is purely casual and not for the
purpose of the employer's trade or business, except that after July
1, 1997, this chapter shall apply to such employees who earn one
thousand five hundred dollars or more from such employer for whom
employed at the time of the injury during the twelve consecutive
months prior to the injury.
3. Persons engaged in agriculture, insofar as injuries incurred
by employees while engaged in agricultural pursuits or any operations
immediately connected therewith whether on or off the premises of the
employer, except:
a. This chapter applies to persons not specifically exempted
by paragraph "b" of this subsection if at the time of injury the
person is employed by an employer whose total cash payroll to one or
more persons other than those exempted by paragraph "b" of this
subsection amounted to two thousand five hundred dollars or more
during the preceding calendar year.
b. The following persons or employees or groups of employees
are specifically included within the exemption from coverage of this
chapter provided by this subsection:
(1) The spouse of the employer, parents, brothers, sisters,
children, and stepchildren of either the employer or the spouse of
the employer, and the spouses of the brothers, sisters, children, and
stepchildren of either the employer or the spouse of the employer.
(2) The spouse of a partner of a partnership, the parents,
brothers, sisters, children, and stepchildren of either a partner or
the spouse of a partner, and the spouses of the brothers, sisters,
children, and stepchildren of either a partner or the spouse of a
partner, who are employed by the partnership and actually engaged in
agricultural pursuits or operations immediately connected with the
agricultural pursuits either on or off the premises of the
partnership. For the purpose of this section, "partnership"
includes partnerships, limited partnerships, and joint ventures.
(3) Officers of a family farm corporation or members of a limited
liability company, spouses of the officers or members, the parents,
brothers, sisters, children, and stepchildren of either the officers
or members, or the spouses of the officers or members, and the
spouses of the brothers, sisters, children, and stepchildren of
either the officers or members, or the spouses of the officers or
members who are employed by the corporation or limited liability
company, the primary purpose of which, although not necessarily the
stated purpose, is farming or ownership of agricultural land, and who
are actually engaged in agricultural pursuits or operations
immediately connected with the agricultural pursuits either on or off
the premises of the corporation or limited liability company.
(4) A person engaged in agriculture as an owner of agricultural
land, as a farm operator, or as a person engaged in agriculture who
is exempt from coverage under this chapter by subsection 3, paragraph
"b", subparagraph (1), (2), or (3), while exchanging labor with
another owner of agricultural land, farm operator, or person engaged
in agriculture who is exempt from coverage under this chapter by
subsection 3, paragraph "b", subparagraph (1), (2), or (3), for
the mutual benefit of all such persons.
4. Persons entitled to benefits pursuant to chapters 410 and 411.
5. The president, vice president, secretary, and treasurer of a
corporation other than a family farm corporation, not to exceed four
officers per corporation, if such an officer knowingly and
voluntarily rejects workers' compensation coverage pursuant to
section 87.22.
6. Employers may with respect to an employee or a classification
of employees exempt from coverage provided by this chapter pursuant
to subsection 1, 2, or 3, other than the employee or classification
of employees with respect to whom a rule of liability or a method of
compensation is established by the Congress of the United States,
assume a liability for compensation imposed upon employers by this
chapter, for the benefit of employees within the coverage of this
chapter, by the purchase of valid workers' compensation insurance
that does not specifically exclude the employee or classification of
employees. The purchase of and acceptance by an employer of valid
workers' compensation insurance applicable to the employee or
classification of employees constitutes an assumption by the employer
of liability without any further act on the part of the employer, but
only with respect to the employee or classification of employees as
are within the coverage of the workers' compensation insurance
contract and only for the time period in which the insurance contract
is in force. Upon an election of such coverage, the employee or
classification of employees shall accept compensation in the manner
provided by this chapter and the employer shall be relieved from any
other liability for recovery of damage, or other compensation for
injury.
85.1 INAPPLICABILITY OF CHAPTER.
Except as provided in subsection 6 of this section, this chapter
does not apply to:
1. Any employee engaged in any type of service in or about a
private dwelling except that after July 1, 1997, this chapter shall
apply to such persons who earn one thousand five hundred dollars or
more from such employer for whom employed at the time of the injury
during the twelve consecutive months prior to the injury, provided
the employee is not a regular member of the household. For purposes
of this subsection, "member of the household" is defined to be
the spouse of the employer or relatives of either the employer or
spouse residing on the premises of the employer.
2. Persons whose employment is purely casual and not for the
purpose of the employer's trade or business, except that after July
1, 1997, this chapter shall apply to such employees who earn one
thousand five hundred dollars or more from such employer for whom
employed at the time of the injury during the twelve consecutive
months prior to the injury.
3. Persons engaged in agriculture, insofar as injuries incurred
by employees while engaged in agricultural pursuits or any operations
immediately connected therewith whether on or off the premises of the
employer, except:
a. This chapter applies to persons not specifically exempted
by paragraph "b" of this subsection if at the time of injury the
person is employed by an employer whose total cash payroll to one or
more persons other than those exempted by paragraph "b" of this
subsection amounted to two thousand five hundred dollars or more
during the preceding calendar year.
b. The following persons or employees or groups of employees
are specifically included within the exemption from coverage of this
chapter provided by this subsection:
(1) The spouse of the employer, parents, brothers, sisters,
children, and stepchildren of either the employer or the spouse of
the employer, and the spouses of the brothers, sisters, children, and
stepchildren of either the employer or the spouse of the employer.
(2) The spouse of a partner of a partnership, the parents,
brothers, sisters, children, and stepchildren of either a partner or
the spouse of a partner, and the spouses of the brothers, sisters,
children, and stepchildren of either a partner or the spouse of a
partner, who are employed by the partnership and actually engaged in
agricultural pursuits or operations immediately connected with the
agricultural pursuits either on or off the premises of the
partnership. For the purpose of this section, "partnership"
includes partnerships, limited partnerships, and joint ventures.
(3) Officers of a family farm corporation or members of a limited
liability company, spouses of the officers or members, the parents,
brothers, sisters, children, and stepchildren of either the officers
or members, or the spouses of the officers or members, and the
spouses of the brothers, sisters, children, and stepchildren of
either the officers or members, or the spouses of the officers or
members who are employed by the corporation or limited liability
company, the primary purpose of which, although not necessarily the
stated purpose, is farming or ownership of agricultural land, and who
are actually engaged in agricultural pursuits or operations
immediately connected with the agricultural pursuits either on or off
the premises of the corporation or limited liability company.
(4) A person engaged in agriculture as an owner of agricultural
land, as a farm operator, or as a person engaged in agriculture who
is exempt from coverage under this chapter by subsection 3, paragraph
"b", subparagraph (1), (2), or (3), while exchanging labor with
another owner of agricultural land, farm operator, or person engaged
in agriculture who is exempt from coverage under this chapter by
subsection 3, paragraph "b", subparagraph (1), (2), or (3), for
the mutual benefit of all such persons.
4. Persons entitled to benefits pursuant to chapters 410 and 411.
5. The president, vice president, secretary, and treasurer of a
corporation other than a family farm corporation, not to exceed four
officers per corporation, if such an officer knowingly and
voluntarily rejects workers' compensation coverage pursuant to
section 87.22.
6. Employers may with respect to an employee or a classification
of employees exempt from coverage provided by this chapter pursuant
to subsection 1, 2, or 3, other than the employee or classification
of employees with respect to whom a rule of liability or a method of
compensation is established by the Congress of the United States,
assume a liability for compensation imposed upon employers by this
chapter, for the benefit of employees within the coverage of this
chapter, by the purchase of valid workers' compensation insurance
that does not specifically exclude the employee or classification of
employees. The purchase of and acceptance by an employer of valid
workers' compensation insurance applicable to the employee or
classification of employees constitutes an assumption by the employer
of liability without any further act on the part of the employer, but
only with respect to the employee or classification of employees as
are within the coverage of the workers' compensation insurance
contract and only for the time period in which the insurance contract
is in force. Upon an election of such coverage, the employee or
classification of employees shall accept compensation in the manner
provided by this chapter and the employer shall be relieved from any
other liability for recovery of damage, or other compensation for
injury.
85.1 INAPPLICABILITY OF CHAPTER.
Except as provided in subsection 6 of this section, this chapter
does not apply to:
1. Any employee engaged in any type of service in or about a
private dwelling except that after July 1, 1997, this chapter shall
apply to such persons who earn one thousand five hundred dollars or
more from such employer for whom employed at the time of the injury
during the twelve consecutive months prior to the injury, provided
the employee is not a regular member of the household. For purposes
of this subsection, "member of the household" is defined to be
the spouse of the employer or relatives of either the employer or
spouse residing on the premises of the employer.
2. Persons whose employment is purely casual and not for the
purpose of the employer's trade or business, except that after July
1, 1997, this chapter shall apply to such employees who earn one
thousand five hundred dollars or more from such employer for whom
employed at the time of the injury during the twelve consecutive
months prior to the injury.
3. Persons engaged in agriculture, insofar as injuries incurred
by employees while engaged in agricultural pursuits or any operations
immediately connected therewith whether on or off the premises of the
employer, except:
a. This chapter applies to persons not specifically exempted
by paragraph "b" of this subsection if at the time of injury the
person is employed by an employer whose total cash payroll to one or
more persons other than those exempted by paragraph "b" of this
subsection amounted to two thousand five hundred dollars or more
during the preceding calendar year.
b. The following persons or employees or groups of employees
are specifically included within the exemption from coverage of this
chapter provided by this subsection:
(1) The spouse of the employer, parents, brothers, sisters,
children, and stepchildren of either the employer or the spouse of
the employer, and the spouses of the brothers, sisters, children, and
stepchildren of either the employer or the spouse of the employer.
(2) The spouse of a partner of a partnership, the parents,
brothers, sisters, children, and stepchildren of either a partner or
the spouse of a partner, and the spouses of the brothers, sisters,
children, and stepchildren of either a partner or the spouse of a
partner, who are employed by the partnership and actually engaged in
agricultural pursuits or operations immediately connected with the
agricultural pursuits either on or off the premises of the
partnership. For the purpose of this section, "partnership"
includes partnerships, limited partnerships, and joint ventures.
(3) Officers of a family farm corporation or members of a limited
liability company, spouses of the officers or members, the parents,
brothers, sisters, children, and stepchildren of either the officers
or members, or the spouses of the officers or members, and the
spouses of the brothers, sisters, children, and stepchildren of
either the officers or members, or the spouses of the officers or
members who are employed by the corporation or limited liability
company, the primary purpose of which, although not necessarily the
stated purpose, is farming or ownership of agricultural land, and who
are actually engaged in agricultural pursuits or operations
immediately connected with the agricultural pursuits either on or off
the premises of the corporation or limited liability company.
(4) A person engaged in agriculture as an owner of agricultural
land, as a farm operator, or as a person engaged in agriculture who
is exempt from coverage under this chapter by subsection 3, paragraph
"b", subparagraph (1), (2), or (3), while exchanging labor with
another owner of agricultural land, farm operator, or person engaged
in agriculture who is exempt from coverage under this chapter by
subsection 3, paragraph "b", subparagraph (1), (2), or (3), for
the mutual benefit of all such persons.
4. Persons entitled to benefits pursuant to chapters 410 and 411.
5. The president, vice president, secretary, and treasurer of a
corporation other than a family farm corporation, not to exceed four
officers per corporation, if such an officer knowingly and
voluntarily rejects workers' compensation coverage pursuant to
section 87.22.
6. Employers may with respect to an employee or a classification
of employees exempt from coverage provided by this chapter pursuant
to subsection 1, 2, or 3, other than the employee or classification
of employees with respect to whom a rule of liability or a method of
compensation is established by the Congress of the United States,
assume a liability for compensation imposed upon employers by this
chapter, for the benefit of employees within the coverage of this
chapter, by the purchase of valid workers' compensation insurance
that does not specifically exclude the employee or classification of
employees. The purchase of and acceptance by an employer of valid
workers' compensation insurance applicable to the employee or
classification of employees constitutes an assumption by the employer
of liability without any further act on the part of the employer, but
only with respect to the employee or classification of employees as
are within the coverage of the workers' compensation insurance
contract and only for the time period in which the insurance contract
is in force. Upon an election of such coverage, the employee or
classification of employees shall accept compensation in the manner
provided by this chapter and the employer shall be relieved from any
other liability for recovery of damage, or other compensation for
injury.
