Who is an ‘Employee’ under Oklahoma Workers’ Compensation Law?

Glossary Check

Depending on the circumstances, a make-or-break component in a workers' compensation claim can be whether the injured person in question was an "employee" under the state's workers' compensation law. As Simply Research subscribers know, Oklahoma has a definition that's boiled down in a Compliance Summary.

We take a look at that definition here.

Employee

"Employee" means any person, including a minor, in the service of an employer under any contract of hire or apprenticeship, written or oral, expressed or implied, but excluding one whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer and excluding one who is required to perform work for a municipality or county or the state or federal government on having been convicted of a criminal offense or while incarcerated.

"Employee" also includes a member of the Oklahoma National Guard while in the performance of duties only while in response to state orders and any authorized voluntary or uncompensated worker, rendering services as a firefighter, law enforcement officer or emergency management worker. Travel by a police officer, fireman, or a member of a first aid or rescue squad, in responding to and returning from an emergency, shall be deemed to be in the course of employment

Not 'Employee'

Under Oklahoma workers' compensation law, the following are not considered employees:

(1) Any person for whom an employer is liable under any Act of Congress for providing compensation to employees for injuries, disease or death arising out of and in the course of employment including, but not limited to, the Federal Employees’ Compensation Act, the Federal Employers’ Liability Act, the Longshore and Harbor Workers’ Compensation Act and the Jones Act, to the extent his or her employees are subject to such acts.

(2) Any person who is employed in agriculture, ranching or horticulture by an employer who had a gross annual payroll in the preceding calendar year of less than $100,000 wages for agricultural, ranching or horticultural workers, or any person who is employed in agriculture, ranching or horticulture who is not engaged in operation of motorized machines. This exemption applies to any period of time for which such employment exists, irrespective of whether or not the person is employed in other activities for which the exemption does not apply. If the person is employed for part of a year in exempt activities and for part of a year in nonexempt activities, the employer shall be responsible for providing workers' compensation only for the period of time for which the person is employed in nonexempt activities.

(3) Any person who is a licensed real estate sales associate or broker, paid on a commission basis.

(4) Any person employed by an employer with five or fewer total employees, all of whom are related within the second degree by blood or marriage to the employer, all of whom are dependents living in the household of the employer, or all of whom are a combination of such relatives and dependents. If the employer is not a natural person such relative shall be related within the second degree by blood or marriage to a person who owns 50% or more of the employer, or such dependent shall be in the household of a person who owns fifty percent 50% or more of the employer.

(5) Any person employed by an employer which is a youth sports league which qualifies for exemption from federal income taxation pursuant to federal law.

(6) Sole proprietors, members of a partnership, individuals who are party to a franchise agreement as set out by the Federal Trade Commission franchise disclosure rule, members of a limited liability company who own at least 10% of the capital of the limited liability company or any stockholder-employees of a corporation who own 10% or more stock in the corporation, unless they elect to be covered by a policy of insurance covering benefits under the Administrative Workers’ Compensation Act,

(7) Any person providing or performing voluntary service who receives no wages for the services other than meals, drug or alcohol rehabilitative therapy, transportation, lodging or reimbursement for incidental expenses except for volunteers specifically provided for.

(8) A person, commonly referred to as an owner-operator, who owns or leases a truck-tractor or truck for hire, if the owner-operator actually operates the truck-tractor or truck and if the person contracting with the owner-operator is not the lessor of the truck-tractor or truck. Provided, however, an owner-operator shall not be precluded from workers’ compensation coverage under the Administrative Workers’ Compensation Act if the owner-operator elects to participate as a sole proprietor.

(9) A person referred to as a drive-away owner-operator who privately owns and utilizes a tow vehicle in drive-away operations and operates independently for hire, if the drive-away owner-operator actually utilizes the tow vehicle and if the person contracting with the drive-away owner-operator is not the lessor of the tow vehicle. Provided, however, a drive-away owner-operator shall not be precluded from workers’ compensation coverage under the Administrative Workers’ Compensation Act if the drive-away owner-operator elects to participate as a sole proprietor.

(10) Any person who is employed as a domestic servant or as a casual worker in and about a private home or household, which private home or household had a gross annual payroll in the preceding calendar year of less than $50,000 for such workers, and

(11) Any person engaging in a temporary work arrangement that allows the individual to observe a work environment and gain work experience without the expectation of financial compensation.

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