The national Workers Compensation guide covers the standard workers compensation and employers liability policy and how it is rated in most states. Wyoming is different. It is one of the four monopolistic states (with North Dakota, Ohio and Washington), so private insurers don't write Wyoming statutory workers compensation. This guide covers the Wyoming Worker's Compensation Act (Title 27, ch. 14) and the state fund run by the Department of Workforce Services.

The state fund

• The worker's compensation division of the Department of Workforce Services runs the program (27-14-102(a)(vi)).
• A covered employer can't start business until it applies for coverage and receives a statement of coverage from the division (27-14-207(a)).
• All money collected goes to the worker's compensation account, and all awards are paid from it (27-14-701).
• The program must be self-supporting. Employments are grouped into rated classes, and rates may be readjusted each year (27-14-201).
• Employers report payroll and pay monthly, by the last day of the month after wages are paid (27-14-202).
• A business buyer generally takes over the seller's account, experience rating and premium rate.
• The act is not to be liberally construed in favor of either side (27-14-101(b)).

Who is covered (27-14-108; 27-14-102)

• The act covers listed extrahazardous industries, such as mining, utilities, construction and manufacturing.
• Employers in other industries may elect coverage, but only for all their employees. They may withdraw after two years if current on payments.
• Not employees:
  • sole proprietors and partners, unless they elect coverage
  • corporate officers, unless coverage is elected
  • independent contractors
  • casual labor
  • private household employees
• An election is filed at registration or 30 days before a calendar quarter. It can't be withdrawn for eight quarters.

Exclusive remedy (27-14-104, 27-14-105)

• Benefits replace all other remedies against a contributing employer and coworkers acting within the scope of employment. A coworker who intentionally causes harm isn't protected.
• An employer that hasn't qualified, or hasn't paid premium within 30 days of the due date, loses that protection.
• Claims against third parties are preserved. The state may be reimbursed up to one-third of the recovery.

Reporting and claims

• The employee reports the injury to the employer within 72 hours after it becomes apparent.
• The employee files an injury report with the employer and the division within 10 days. A late report creates a presumption that the claim is denied, which the employee can rebut by clear and convincing evidence of no prejudice.
• The employer reports within 10 days after being notified. Failing to report is a misdemeanor, with a fine up to $750 (27-14-506).
• A claim is filed within one year after the injury, or after discovery for an injury that wasn't readily apparent (27-14-503).
• Employers post the division's notice summarizing the act.

Benefits

• Temporary total disability isn't paid for the first three days unless the incapacity lasts more than eight days (27-14-404(d)).
• TTD for one incident is capped at a cumulative 24 months, with more possible in extraordinary circumstances (27-14-404(a)).

Related insurance rules

The Wyoming Insurance Guaranty Association pays covered workers compensation claims in full (26-31-106(c)(i)).

Common exam traps

• Wyoming is monopolistic: coverage comes only from the state fund run by the Department of Workforce Services.
• Mandatory coverage applies to extrahazardous industries. Others may elect, but only for all employees.
• Sole proprietors, partners and corporate officers are excluded unless coverage is elected.
• The employee reports the injury within 72 hours, files within 10 days, and claims within one year.
• The waiting period is 3 days, paid back after 8 days of incapacity.
• TTD is capped at 24 months.