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Workers Comp Requirements

Why workers comp rules vary, and what to verify.

Workers comp requirements for contractors depend on your state and your business structure, including how owners and subcontractors are treated. This explains the common variables, not legal advice. Verify with your state workers comp agency.

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Workers compensation requirements vary by state and contractor structure, including whether owners can exclude themselves, the employee threshold, and how subcontractors are treated. General contractors and project owners often require it regardless. Verify the specifics with your state agency.

Why requirements vary

States differ on when workers comp is required, sometimes from the first employee, on whether owners and officers can elect out, and on how subcontractors and casual labor are treated. On top of the legal requirement, GCs and owners frequently require subs to carry their own coverage, so you may need it even where the state would not force it.

Subcontractors and the audit

Uninsured subcontractors are a recurring issue: their payroll can be added to your workers comp at audit, and their work can fall to your liability. Verifying subcontractor coverage is both a compliance and a risk-transfer step. Accurate class codes and honest payroll reporting keep the audit clean.

Verify and align coverage

Because the rules vary and change, confirm your obligation with your state workers comp agency, and make sure your coverage and subcontractor process line up with your contracts. This is general information, not legal advice. Rules vary by state and contractor type and should be verified with the licensing board, the relevant state agency, your contract, and your carrier.

Frequently asked

Common questions.

Do I need workers comp with no employees?
It depends on your state and structure, and on your contracts. GCs and owners often require it regardless, and uninsured subs can be charged to your policy. Verify with your state agency.
Can owners exclude themselves?
Many states allow owners and officers to elect out, which lowers premium but leaves their own injuries uncovered. Rules vary, so confirm for your state.
How do subs affect my workers comp?
Uninsured subcontractor payroll can be added to your policy at audit, and their work can fall to your liability. Verifying their coverage protects you.
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