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.
| State | Who must carry workers’ comp | Construction rule |
|---|---|---|
| Alabama | Employers with 5 or more employees, full- or part-time. | Yes, see page |
| Alaska | Employers with 1 or more employees. | — |
| Arizona | Employers with 1 or more employees. | — |
| Arkansas | Employers with 3 or more employees. | Yes, see page |
| California | Every employer with 1 or more employees. | Yes, see page |
| Colorado | Employers with 1 or more employees, full- or part-time. | — |
| Connecticut | Employers with 1 or more employees. | — |
| Delaware | Employers with 1 or more employees. | — |
| Florida | Non-construction employers with 4 or more employees. | Yes, see page |
| Georgia | Employers with 3 or more employees, full- or part-time. | — |
| Hawaii | Employers with 1 or more employees, full- or part-time. | — |
| Idaho | Employers with 1 or more employees, with limited exemptions. | — |
| Illinois | Nearly all employers with 1 or more employees. | Yes, see page |
| Indiana | Employers with 1 or more employees. | — |
| Iowa | Employers with 1 or more employees, with limited exemptions. | — |
| Kansas | Employers with a gross annual payroll over $20,000 in the current or prior year. | — |
| Kentucky | Employers with 1 or more employees. | — |
| Louisiana | Employers with 1 or more employees. | — |
| Maine | Employers with 1 or more employees, with limited exemptions. | — |
| Maryland | Employers with 1 or more employees. | — |
| Massachusetts | Employers with 1 or more employees. | — |
| Michigan | Employers 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. | — |
| Minnesota | Employers with 1 or more employees, with limited exemptions. | — |
| Mississippi | Employers with 5 or more employees. | — |
| Missouri | Non-construction employers with 5 or more employees. | Yes, see page |
| Montana | Employers with 1 or more employees. | — |
| Nebraska | Employers with 1 or more employees, with limited exemptions. | — |
| Nevada | Employers with 1 or more employees. | — |
| New Hampshire | Employers with 1 or more employees. | — |
| New Jersey | Employers with 1 or more employees. | — |
| New Mexico | Non-construction employers with 3 or more employees. | Yes, see page |
| New York | Nearly all employers with 1 or more employees. | — |
| North Carolina | Employers with 3 or more employees. | — |
| North Dakota (state fund) | Employers with 1 or more employees. | — |
| Ohio (state fund) | Employers with 1 or more employees. | — |
| Oklahoma | Employers with 1 or more employees, with limited exemptions. | — |
| Oregon | Employers with 1 or more subject workers. | — |
| Pennsylvania | Nearly all employers with 1 or more employees. | Yes, see page |
| Rhode Island | Employers with 1 or more employees. | — |
| South Carolina | Employers with 4 or more employees and a total annual payroll of $3,000 or more in the prior year. | — |
| South Dakota | Most employers with 1 or more employees, with exemptions for some farm and domestic work. | — |
| Tennessee | Non-construction employers with 5 or more employees. | Yes, see page |
| Texas | Optional for most private employers. Employers without coverage are “non-subscribers.” | Yes, see page |
| Utah | Employers with 1 or more employees. | — |
| Vermont | Employers with 1 or more employees. | — |
| Virginia | Employers with more than 2 employees regularly in service. | — |
| Washington (state fund) | Employers with 1 or more employees. | — |
| West Virginia | Employers with 1 or more employees. | — |
| Wisconsin | Employers 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
- Collect a current certificate from every sub before they start, including the workers’ comp line. See how to read an ACORD 25.
- Small-employer exemptions don’t protect you. Your contract and your auditor can still require coverage. See audits and uninsured subs.
- Ask for a waiver of subrogation where your state allows it. See waiver of subrogation on workers’ comp.
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.