Wash. Rev. Code § 51.12.020
Employments excluded
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The following are the only employments which shall not be included within the mandatory coverage of this title:
(1) Any person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment.
(2) Any person employed to do gardening, maintenance, or repair, in or about the private home of the employer. For the purposes of this subsection, "maintenance" means the work of keeping in proper condition, "repair" means to restore to sound condition after damage, and "private home" means a person's place of residence.
(3) A person whose employment is not in the course of the trade, business, or profession of his or her employer and is not in or about the private home of the employer.
(4) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.
(5) Sole proprietors or partners.
(6) Any child under eighteen years of age employed by his or her parent or parents in agricultural activities on the family farm.
(7) Jockeys while participating in or preparing horses for race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.
(8)(a) Except as otherwise provided in (b) of this subsection, any bona fide officer of a corporation voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation, who at all times during the period involved is also a bona fide director, and who is also a shareholder of the corporation. Only such officers who exercise substantial control in the daily management of the corporation and whose primary responsibilities do not include the performance of manual labor are included within this subsection.
(b) Alternatively, a corporation that is not a "public company" as defined in RCW 23B.01.400 may exempt eight or fewer bona fide officers, who are voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation and who exercise substantial control in the daily management of the corporation, from coverage under this title without regard to the officers' performance of manual labor if the exempted officer is a shareholder of the corporation, or may exempt any number of officers if all the exempted officers are related by blood within the third degree or marriage. If a corporation that is not a "public company" elects to be covered under (a) of this subsection, the corporation's election must be made on a form prescribed by the department and under such reasonable rules as the department may adopt.
(c) Determinations respecting the status of persons performing services for a corporation shall be made, in part, by reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws. For the purpose of determining coverage under this title, substance shall control over form, and mandatory coverage under this title shall extend to all workers of this state, regardless of honorary titles conferred upon those actually serving as workers.
(d) A corporation may elect to cover officers who are exempted by this subsection in the manner provided by RCW 51.12.110.
(9) Services rendered by a musician or entertainer under a contract with a purchaser of the services, for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser. A purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.
(10) Services performed by a newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published.
(11) Services performed by an insurance producer, as defined in RCW 48.17.010, or a surplus line broker licensed under chapter 48.15 RCW.
(12) Services performed by a booth renter. However, a person exempted under this subsection may elect coverage under RCW 51.32.030.
(13) Members of a limited liability company, if either:
(a) Management of the company is vested in its members, and the members for whom exemption is sought would qualify for exemption under subsection (5) of this section were the company a sole proprietorship or partnership; or
(b) Management of the company is vested in one or more managers, and the members for whom the exemption is sought are managers who would qualify for exemption under subsection (8) of this section were the company a corporation.
(14) For hire vehicle operators under chapter 46.72 RCW who own or lease the for hire vehicle, chauffeurs under chapter 46.72A RCW who own or lease the limousine, and operators of taxicabs under chapter 81.72 RCW who own or lease the taxicab. An owner or lessee may elect coverage in the manner provided by RCW 51.32.030.
[ 2022 c 281 s 8; 2015 c 236 s 4; 2013 c 141 s 3; 2009 c 162 s 33; 2008 c 217 s 98; 1999 c 68 s 1; 1997 c 314 s 18. Prior: 1991 c 324 s 18; 1991 c 246 s 4; 1987 c 316 s 2; 1983 c 252 s 1; 1982 c 63 s 15; 1981 c 128 s 3; 1979 c 128 s 1; 1977 ex.s. c 323 s 7; 1973 c 124 s 1; 1972 ex.s. c 43 s 7; 1971 ex.s. c 289 s 3; 1961 c 23 s 51.12.020; prior: 1955 c 74 s 3; prior: 1947 c 281 s 1, part; 1943 c 210 s 1, part; 1939 c 41 s 1, part; 1937 c 211 s 1, part; 1927 c 310 s 1, part; 1921 c 182 s 1, part; 1919 c 131 s 1, part; 1911 c 74 s 2, part; Rem. Supp. 1947 s 7674, part.]
Notes:
Effective dates—2022 c 281 ss 8-13, 17, and 28: "(1) Sections 8 through 13 of this act (related to industrial insurance) take effect January 1, 2023.
(2) Sections 17 and 28 of this act (related to the department of licensing) take effect March 1, 2023." [ 2022 c 281 s 37.]
Effective date—2009 c 162: See note following RCW 48.03.020.
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
Effective date—Conflict with federal requirements—1991 c 246: See notes following RCW 51.08.195.
Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.
Notes of Decisions
Cited in 43
cases, 1957–2020 · leading case: Jepson v. Department of Labor & Industries
Jepson v. Department of Labor & Industries (1977)
“In essence the trial court ruled that the Act's policy of mandatory coverage, expressed in RCW 51.12.020, [2] entitled respondent to receive benefits notwithstanding the notice requirement of RCW 51.”
Hanquet v. Department of Labor & Industries (1994)
“" RCW 51.12.020 specifically excludes sole proprietors, as well as eight other categories of employment, from the mandatory coverage provisions of RCW Title 51.”
B&R Sales, Inc. v. Department of Labor & Industries (2015)
“B&R also argues that the contractors were excluded from mandatory workers’ compensation coverage under RCW 51.12.020. ¶2 We hold that the contractors were “workers” under RCW 51.”
Bennerstrom v. DEPT. OF LABOR & INDUSTRIES (2004)
“DOMESTIC SERVANT EXCEPTION Bennerstrom contends that the court erred when it concluded that he was a domestic servant and excluded from industrial insurance coverage under RCW 51.12.020(1). We conclude Bennerstrom was a domestic servant and thus excluded from coverage under that…”
Henry Industries, Inc. v. Department Of Labor & Industries (2016)
“020 categorically exempts all sole proprietors from coverage under the IIA.”
Department of Labor & Industries v. Fankhauser (1993)
“The Department, however, argues the plain language of the Act unambiguously excludes claimants from workers' compensation coverage for two reasons: (1) both were self-employed at the time of their last injurious exposure to asbestos, and (2) neither elected optional coverage…”
Dana's Housekeeping, Inc. v. Department of Labor & Industries (1995)
“The trial court agreed the housecleaners were "workers”, but held commercial entities could be exempt from coverage under RCW 51.12.020(1), unless two or more domestic servants collectively worked more than 40 hours.”
Bennerstrom v. Department of Labor & Industries (2004)
“RCW 51.12.020(1) excludes from industrial insurance coverage “[a]ny person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment.”
Ochoa v. Department of Labor & Industries (2001)
“This right is extended to all employment, except those excluded under RCW 51.12.020. The Industrial Insurance Act (Act), Title 51 RCW, shall be “liberally *426 construed for the purpose of reducing to a minimum the suffering and economic loss arising from injuries and/or death…”
Ochoa v. Department of Labor and Industries (2001)
“This right is extended to all employment, except those excluded under RCW 51.12.020. The Industrial Insurance Act (Act), Title 51 RCW, shall be "liberally construed for the purpose of reducing to a minimum the suffering and economic loss arising from injuries and/or death…”
Fray ex rel. Fray v. Spokane County (1998)
“280, which provided a right to sue for negligence, and stated “[tjhose occupations, while not specifically excluded under RCW 51.12.020, are excluded by the language of RCW *647 41.”
Fray v. Spokane County (1998)
“280, which provided a right to sue for negligence, and stated "[t]hose occupations, while not specifically excluded under RCW 51.12.020, are excluded by the language of RCW 41.”
— Wash. Rev. Code § 51.12.020(1) — 4 cases
Bennerstrom v. DEPT. OF LABOR & INDUSTRIES (2004)
“DOMESTIC SERVANT EXCEPTION Bennerstrom contends that the court erred when it concluded that he was a domestic servant and excluded from industrial insurance coverage under RCW 51.12.020(1). We conclude Bennerstrom was a domestic servant and thus excluded from coverage under that…”
Bennerstrom v. Department of Labor & Industries (2004)
“RCW 51.12.020(1) excludes from industrial insurance coverage “[a]ny person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment.”
Dana's Housekeeping, Inc. v. Department of Labor & Industries (1995)
“The trial court agreed the housecleaners were "workers”, but held commercial entities could be exempt from coverage under RCW 51.12.020(1), unless two or more domestic servants collectively worked more than 40 hours.”
— Wash. Rev. Code § 51.12.020(3) — 3 cases
Hanquet v. Department of Labor & Industries (1994)
“" RCW 51.12.020 specifically excludes sole proprietors, as well as eight other categories of employment, from the mandatory coverage provisions of RCW Title 51.”
— Wash. Rev. Code § 51.12.020(5) — 12 cases
Department of Labor & Industries v. Fankhauser (1993)
“The Department, however, argues the plain language of the Act unambiguously excludes claimants from workers' compensation coverage for two reasons: (1) both were self-employed at the time of their last injurious exposure to asbestos, and (2) neither elected optional coverage…”
Henry Industries, Inc. v. Department Of Labor & Industries (2016)
“020 categorically exempts all sole proprietors from coverage under the IIA.”
Hanquet v. Department of Labor & Industries (1994)
“" RCW 51.12.020 specifically excludes sole proprietors, as well as eight other categories of employment, from the mandatory coverage provisions of RCW Title 51.”
Dana's Housekeeping, Inc. v. Department of Labor & Industries (1995)
“The trial court agreed the housecleaners were "workers”, but held commercial entities could be exempt from coverage under RCW 51.12.020(1), unless two or more domestic servants collectively worked more than 40 hours.”
— Wash. Rev. Code § 51.12.020(6) — 1 case
— Wash. Rev. Code § 51.12.020(7) — 4 cases
Ochoa v. Department of Labor & Industries (2001)
“This right is extended to all employment, except those excluded under RCW 51.12.020. The Industrial Insurance Act (Act), Title 51 RCW, shall be “liberally *426 construed for the purpose of reducing to a minimum the suffering and economic loss arising from injuries and/or death…”
Ochoa v. Department of Labor and Industries (2001)
“This right is extended to all employment, except those excluded under RCW 51.12.020. The Industrial Insurance Act (Act), Title 51 RCW, shall be "liberally construed for the purpose of reducing to a minimum the suffering and economic loss arising from injuries and/or death…”
Ochoa v. Department of Labor (2000)
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