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Workers’ compensation laws are not the same from state to state. While, generally, nearly every employer across the country has to carry workers’ compensation insurance for their employees, the exact requirements in each individual state vary. For example, here in Nevada, workers’ comp coverage is required for contractors in addition to employees. If you have questions about a claim, our Las Vegas workers’ compensation attorneys can help.
Below is an overview of the basic requirements for workers’ compensation insurance, state by state.
Alabama – Businesses with five or more employees must carry coverage. With corporations or LLCs, officers and members are counted as employees. If there are more than four employees, workers’ compensation insurance is required.
Alaska – Employers with one or more employees must have workers’ compensation insurance.
Arizona – Every business, including sole proprietors, that hires or employs at least one person must carry workers’ compensation insurance. It does not matter whether these workers are part-time, full-time, members of the family, undocumented immigrants, or miners.
Arkansas – Nearly every employer with three or more employees is required to carry workers’ compensation insurance. Those with two or fewer employees, real estate agents, and farm laborers are exceptions.
California – Every employer in California, even those with just one employee, is required to carry workers’ compensation. Corporate officers and directors count as employees. Out-of-state employers may need workers’ compensation coverage for employees regularly working in California.
Colorado – Every employer with one or more employees, whether part-time or full-time, must carry workers’ compensation insurance.
Connecticut – All businesses with one or more employees, whether full-time, part-time, or contract, must have workers’ compensation. This also includes uninsured subcontractors. Those who are able to self-ensure do not have to have workers’ compensation.
Delaware – Employers with one or more employees must carry workers’ compensation insurance.
Washington, DC – Employers with one or more employees must carry workers’ compensation insurance.
Florida – Non-construction employers with four or more employees or construction businesses with one or more employees must carry workers’ compensation coverage. Agricultural businesses with six or more regular employees and/or 12 or more seasonal workers who work more than 30 days are required to carry workers’ compensation. Subcontractors must have their own workers’ compensation, but primary contractors must ensure that the subcontractor has insurance for their employees.
Georgia – Any employer with employees is required to carry workers’ competition coverage. Officers of corporations and members of LLCs are counted as employees. Contractors who subcontract could be held liable for the subcontractor’s employees if the subcontractor does not have coverage.
Hawaii – All employers with one or more employees, whether part-time or full-time, must carry workers’ compensation coverage.
Idaho – All employers with full-time or part-time employees are required to have workers’ compensation coverage.
Illinois – Almost every employer with one or more employees, part-time or full-time, is required to carry workers’ compensation coverage.
Indiana – Every employee in the state of Indiana must have workers’ compensation coverage. Sole proprietors, LLC members, and partners can be excluded from coverage.
Iowa – Most employers are required to provide workers’ compensation coverage for their employees. Sole proprietors and LLC members do not have to have coverage.
Kansas – Any employer with a gross payroll of more than $20,000 is required to carry workers’ competition coverage for employees. Sole proprietors and partnership wages paid to owners or owners’ family members do not count towards the total 20,000.
Kentucky – Any employer with one or more employees, regardless of employment status, must provide workers’ compensation coverage.
Louisiana – All employers must provide workers’ compensation coverage for every employee regardless of status.
Maine – All businesses with one or more employees must provide workers’ compensation coverage, but independent contractors do not count as employees. However, if the contractors employ subcontractors, then the subcontractors must be covered.
Maryland – Every employer with one or more employees must provide workers’ compensation, though there are some exceptions for agricultural workers.
Massachusetts – Every business must carry workers’ compensation coverage for all employees, even owners considered employees, regardless of the number of hours worked. Domestic service employees must also have coverage if they work 16 or more hours a week.
Michigan – Every business with one or more employees must have workers’ compensation coverage.
Minnesota – Every employer is required to provide workers’ compensation coverage, including non-US citizens and minors.
Mississippi – Every employer with five regular employees must provide workers’ compensation coverage.
Missouri – Businesses with five or more employees must carry workers’ compensation coverage. Any construction business with one or more employees must provide coverage for all employees.
Montana – Every employer must carry workers’ compensation coverage for employees, and construction businesses must provide coverage for every employee regardless of their residency status.
Nebraska – Every employer and contractor with one or more employees must carry workers’ compensation coverage.
Nevada – Any Nevada employer with at least one employee must carry workers’ compensation coverage. Subcontractors, independent contractors, and any of their employees must also have coverage unless they, too, are independent enterprises. All construction businesses must carry workers’ comp.
New Hampshire – Every employer must carry workers’ compensation coverage, including nonprofit organizations, regardless of the number of employees.
New Jersey – All businesses with one or more employees and any employer not covered under federal programs must carry workers’ compensation. Out-of-state employers may need to provide coverage if they enter a contract of employment in New Jersey or if any work is performed in NJ.
New Mexico – Any business with three or more employees must carry workers’ compensation coverage. All construction businesses must carry coverage regardless of the number of their employees.
New York – Nearly every employer in the state of New York is required to carry workers’ compensation coverage for their employees.
North Carolina – Every employer with three or more employees must carry workers’ compensation coverage, including for undocumented workers and minors. Any business that involves one or more employees working around radiation must have coverage.
North Dakota – Every employee must have workers’ compensation coverage for all workers before the employee begins their job.
Ohio – Every employer with one or more employees must have workers’ compensation insurance.
Oklahoma – Employers with one or more employees must carry workers’ compensation insurance.
Oregon – Any employer with one or more employees must carry workers’ compensation insurance.
Pennsylvania – All employers with one or more employees must carry workers’ compensation insurance.
Rhode Island – Every employer with four or more employees must carry workers’ compensation coverage.
South Carolina – Employers with four or more regular employees must carry workers’ compensation insurance.
South Dakota – Every employer must carry workers’ compensation insurance regardless of the number of employees.
Tennessee – Employers with five or more employees must carry workers’ compensation coverage. Any employer in the construction or coal mining industries must carry coverage regardless of the number of employees.
Texas – Workers’ compensation coverage is optional for employers in Texas. Construction companies contracted with government entities must have coverage for all workers.
Utah – Every employer must carry coverage for employees. Directors, officers, and LLC members are considered employees.
Vermont – Any employer with one or more employees must carry workers’ compensation coverage.
Virginia – Employers who regularly employ two or more employees must carry workers’ compensation coverage.
Washington – All employers with one or more employees must carry workers’ compensation coverage.
West Virginia – Nearly every employer must carry workers’ compensation. Agricultural employers and independent contractors with less than five employees or casual employers with less than three employees are exempt.
Wisconsin – Any employer with three or more employees must carry workers’ compensation coverage.
Wyoming – Every employer must have workers’ compensation insurance for their employees.