Coverage. (a) Except as provided in subsections (a-1) through (a-3) of this section, this chapter shall apply to: (1) The injury or death of an employee that occurs in the District of Columbia if the employee performed work for the employer, at the time of the injury or death, while in the District of Columbia; and (2) The injury or death of an employee that occurs outside the District of Columbia if, at the time of the injury or death, the employment is localized principally in the District of Columbia. (a-1) No employee shall receive compensation under this chapter and at any time receive compensation under the workers’ compensation law of any other state for the same injury or death. (a-2) This chapter shall not apply if the employee injured or killed was a casual employee except that for the purposes of this chapter, casual, occasional, or incidental employment outside of the District of Columbia by a District of Columbia employer of an employee regularly employed by the employer within the District of Columbia shall be construed to be employment within the District of Columbia. t of Columbia by a District of Columbia employer of an employee regularly employed by the employer within the District of Columbia shall be construed to be employment within the District of Columbia. (a-3) An employee and his employer who are not residents of the District of Columbia and whose contract of hire is entered into in another state shall be exempted from the provisions of this chapter while such employee is temporarily or intermittently within the District of Columbia doing work for such nonresident employer, if such employer has furnished workers’ compensation insurance coverage under the workers’ compensation or similar laws of such other state, so as to cover such employee’s employment while in the District of Columbia. The benefits under this chapter or similar laws of such other state shall be the exclusive remedy against such employer for any injury, whether resulting in death or not, received by such employee while working for such employer in the District of Columbia. (b) Every employer subject to this chapter shall be liable for compensation for injury or death without regard to fault as a cause of the injury or death. r such employer in the District of Columbia. (b) Every employer subject to this chapter shall be liable for compensation for injury or death without regard to fault as a cause of the injury or death. (c) In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure the payment of such compensation to employees of the subcontractor unless the subcontractor has secured such payment. (d) Liability for compensation shall not apply where injury to the employee was occasioned solely by his intoxication or by his willful intention to injure or kill himself or another. (e) Repealed. (July 1, 1980, D.C. Law 3-77, § 4, 27 DCR 2503; Mar. 6, 1991, D.C. Law 8-198, § 2(b), 37 DCR 6890; May 8, 1996, D.C. Law 11-117, § 18(b), 43 DCR 1179; Apr. 21, 2023, D.C. Law 24-344, § 16, 70 DCR 635.) Prior Codifications 1981 Ed., § 36-303. Section References This section is referenced in § 32-1504. Emergency Legislation For temporary (90 days) amendment of this section, see § 2 of Parity in Workers' Compensation Recovery Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-376, Jan. 25, 2024, 71 DCR 1215). temporary (90 days) amendment of this section, see § 2 of Parity in Workers' Compensation Recovery Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-376, Jan. 25, 2024, 71 DCR 1215). For temporary (90 days) amendment of this section, see § 2 of Parity in Workers' Compensation Recovery Emergency Amendment Act of 2023 (D.C. Act 25-274, Oct. 26, 2023, 70 DCR 14474). For temporary (90 days) amendment of this section, see § 2 of Parity in Workers' Compensation Recovery Emergency Amendment Act of 2022 (D.C. Act 24-453, June 28, 2022, 69 DCR 007765). Temporary Legislation For temporary (225 days) amendment of this section, see § 2 of Parity in Workers' Compensation Recovery Temporary Amendment Act of 2023 (D.C. Law 25-111, Jan. 23, 2024, 70 DCR 15470). For temporary (225 days) amendment of this section, see § 2 of Parity in Workers' Compensation Recovery Temporary Amendment Act of 2022 (D.C. Law 24-183, Sept. 21, 2022, 69 DCR 009338). Editor's Notes Mayor authorized to issue rules: See Historical and Statutory Notes following § 32-1501.
District of Columbia Legal Code