Are you a
conscientious objector? Does it matter? In Florida workers' compensation, it
may not. However, there are some states that provide a conscientious objector
exception to workers' compensation's compulsory nature.
"Conscientious
objector" is defined by Wikipedia as "individual who has
claimed the right to refuse to perform military service." (the wiki page
has a site to a primary source, but I elect to use Wikipedia). As a side note,
did you know it has become increasingly common for courts to cite to
Wikipedia in support of their opinions? You would likely get laughed out of
college for doing so, but . . ..
Conscientious objector status in
a broader context has become a part of workers' compensation law. There are at
least five states that provide some relief for employers and employees whose
convictions or beliefs preclude their collection of insurance benefits.
Tennessee, Ohio, Pennsylvania, Missouri, and Wisconsin all have some
provision.
Tennessee
allows some construction service providers to be exempt from the
requirements of workers' compensation if the person "is a member of a
recognized religious sect" and is "conscientiously opposed to
acceptance of workers' compensation benefits from the present law." The
law restricts its application to "no more than five individuals associated
with one business entity." Public chapter 476; this is a recent addition
to Tennessee law. The Secretary of State's Workers' Compensation Exemption
Registry may be found on their website at http://tnbear.tn.gov/wc.
Ohio has
a similar provision, but is not limited to construction services
providers. It provides that "An employer who is a member of a recognized
religious sect" and "is conscientiously opposed to benefits to
employers and employees from any public or private insurance" may
"apply to the administrator of workers' compensation to be excepted from
payment of premiums and other charges assessed under this chapter. Ohio Revised
Code 4123.15. Their exemption has been in the law since 2003.
Pennsylvania
requires workers' compensation coverage for employees but lists a variety of
exemptions. One of which is for employees of an employer that has
"been granted exemption due to their religious beliefs by the Department
of Labor and Industry."
Missouri allows
an employer to request exemption from workers' compensation law
"in respect to certain employees "who are members of a recognized
religious sect or division, as defined in 26 U.S.C. 1402(g)." The process
requires the filing of forms and affidavits. Section 287.204, 287.804.
Wisconsin
requires that employers provide workers; compensation. However, their law
allows the employer to seek department approval for exemption for particular
employees. This is available to employees who are "conscientiously opposed
to accepting the benefits of any public or private insurance . . . including
any benefits provided under the federal social security act, 42 U.S.C. 301 to
1397f." This provision requires that a representative of
the religious sect makes a representation that the sect has a
"long-standing history of providing its members who become dependent
on the support of the religious sect as a result of work-related injuries" "with a standard of living and medical
treatment that are reasonable." Wisconsin Statute 102.28.
New York
has considered a similar exemption. They explain the justification for
such an exemption is that some groups "do not take advantage of the
program benefits offered under current workers' compensation laws" and as
such should be able to "forgo payments on behalf of this employee into the
workers' compensation benefit system." They note that the federal
government has already recognized the conscientious objector status
regarding Social Security.
Is this an idea
whose time is coming? It is interesting to see what other states are doing with
workers' compensation. There is a great summary of annual legislation provided
each year by the National Conference of State Legislatures.
