Guides · Reviewed October 2026

Workers’ comp requirements by state

Who has to carry workers’ comp, how construction is treated, and what that means for the subcontractors you hire, in all 50 states. Pick a state for details and the regulator’s link.

StateWho must carry workers’ compConstruction rule
AlabamaEmployers with 5 or more employees, full- or part-time.Yes, see page
AlaskaEmployers with 1 or more employees.—
ArizonaEmployers with 1 or more employees.—
ArkansasEmployers with 3 or more employees.Yes, see page
CaliforniaEvery employer with 1 or more employees.Yes, see page
ColoradoEmployers with 1 or more employees, full- or part-time.—
ConnecticutEmployers with 1 or more employees.—
DelawareEmployers with 1 or more employees.—
FloridaNon-construction employers with 4 or more employees.Yes, see page
GeorgiaEmployers with 3 or more employees, full- or part-time.—
HawaiiEmployers with 1 or more employees, full- or part-time.—
IdahoEmployers with 1 or more employees, with limited exemptions.—
IllinoisNearly all employers with 1 or more employees.Yes, see page
IndianaEmployers with 1 or more employees.—
IowaEmployers with 1 or more employees, with limited exemptions.—
KansasEmployers with a gross annual payroll over $20,000 in the current or prior year.—
KentuckyEmployers with 1 or more employees.—
LouisianaEmployers with 1 or more employees.—
MaineEmployers with 1 or more employees, with limited exemptions.—
MarylandEmployers with 1 or more employees.—
MassachusettsEmployers with 1 or more employees.—
MichiganEmployers with 3 or more employees at one time, or 1 or more employees working at least 35 hours a week for 13 weeks or longer in the preceding 52 weeks.—
MinnesotaEmployers with 1 or more employees, with limited exemptions.—
MississippiEmployers with 5 or more employees.—
MissouriNon-construction employers with 5 or more employees.Yes, see page
MontanaEmployers with 1 or more employees.—
NebraskaEmployers with 1 or more employees, with limited exemptions.—
NevadaEmployers with 1 or more employees.—
New HampshireEmployers with 1 or more employees.—
New JerseyEmployers with 1 or more employees.—
New MexicoNon-construction employers with 3 or more employees.Yes, see page
New YorkNearly all employers with 1 or more employees.—
North CarolinaEmployers with 3 or more employees.—
North Dakota (state fund)Employers with 1 or more employees.—
Ohio (state fund)Employers with 1 or more employees.—
OklahomaEmployers with 1 or more employees, with limited exemptions.—
OregonEmployers with 1 or more subject workers.—
PennsylvaniaNearly all employers with 1 or more employees.Yes, see page
Rhode IslandEmployers with 1 or more employees.—
South CarolinaEmployers with 4 or more employees and a total annual payroll of $3,000 or more in the prior year.—
South DakotaMost employers with 1 or more employees, with exemptions for some farm and domestic work.—
TennesseeNon-construction employers with 5 or more employees.Yes, see page
TexasOptional for most private employers. Employers without coverage are “non-subscribers.”Yes, see page
UtahEmployers with 1 or more employees.—
VermontEmployers with 1 or more employees.—
VirginiaEmployers with more than 2 employees regularly in service.—
Washington (state fund)Employers with 1 or more employees.—
West VirginiaEmployers with 1 or more employees.—
WisconsinEmployers with 3 or more employees, or 1 or more employees paid $500 or more in wages in any calendar quarter.—
Wyoming (state fund)Employers in occupations the state lists as extra-hazardous, which includes construction.—

What this means when you hire subs

Frequently asked questions

Which states don’t require workers’ comp?

Texas is the only state where workers’ comp is optional for most private employers. Several states exempt small employers below an employee threshold, but many of those require construction employers to carry coverage from the first employee.

What are monopolistic workers’ comp states?

North Dakota, Ohio, Washington and Wyoming. Employers there get workers’ comp from the state fund (or approved self-insurance), not private insurers, and need separate “stop gap” employers’ liability coverage.

Can a general contractor be liable for an uninsured subcontractor?

In many states, yes. Statutory employer rules can make the hiring contractor responsible for an uninsured sub’s injured workers, and premium auditors often charge the GC for that sub’s payroll.

General information, not legal or insurance advice. Rules change; confirm with each state’s regulator.

Track every sub’s workers’ comp

Certy reads each COI, flags missing coverage, and reminds subs before policies expire.

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