(a) (1) In this section the following words have the meanings indicated.
(2) “Farmer” includes a dairy farmer.
(3) (i) “Migrant farm worker” means an individual who is engaged in seasonal or other temporary agricultural employment and who is:
1. absent overnight from the permanent residence of the individual; or
2. transported to and from the place of employment of the individual by a day-haul operation.
(ii) “Migrant farm worker” does not include an individual who performs a service included in subsection (b) of this section if the individual:
1. does not operate equipment or machinery; and
2. is employed:
A. within 25 miles of the permanent residence of the individual; and
B. for not more than 13 weeks a year.
(b) Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if:
(1) the individual receives compensation from a farmer for any service other than office work, including:
(i) operating a machine connected with animal, crop, or soil management;
(ii) constructing or repairing a fixture or machine; or
(iii) handling an animal or crop with or without a machine; and
(2) the farmer has:
(i) at least 3 full-time employees; or
(ii) an annual payroll of at least $15,000 for full-time employees.
(c) An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if:
(1) the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;
(2) the individual is free from control and direction over the individual’s performance of the service;
(3) the individual provides the individual’s own equipment, materials, and tools; and
(4) the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.
Structure Maryland Statutes
Title 9 - Workers' Compensation
Subtitle 2 - Covered Employees and Employers
Section 9-201 - Employers Subject to Title
Section 9-202 - Covered Employee
Section 9-203 - Site of Employment
Section 9-204 - Election to Be Subject to Title
Section 9-205 - Casual Employee
Section 9-206 - Corporate or Limited Liability Company Officer
Section 9-207 - Department of Natural Resources -- Crew Members and Firefighters
Section 9-208 - Distributor or Seller of Newspapers
Section 9-209 - Domestic Servant
Section 9-214 - Maintenance Worker or Remodeler
Section 9-217 - Official of Political Subdivision
Section 9-218 - Owner Operator of Class F (Tractor) Vehicle
Section 9-222 - Real Estate Salesperson and Associate Real Estate Broker
Section 9-223 - Recipient Under Federal Law
Section 9-224 - Recipient of Public Assistance
Section 9-225 - Resident in Facility
Section 9-227 - Sole Proprietor
Section 9-230 - Vanpool Operator or Passenger
Section 9-231 - Volunteer -- in Certain Subdivisions
Section 9-231.1 - Volunteer -- Unit of State Government
Section 9-232 - Volunteer -- Civil Defense
Section 9-232.1 - Volunteer -- Civil Defense Emergency Volunteers
Section 9-234 - Volunteer Fire or Rescue Company
Section 9-235 - Worker for Aid or Sustenance
Section 9-236 - Service in Course of Business, Occupation, Profession, or Trade of Employer