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Do I need Workers' Comp insurance?

Learn who needs coverage, when it’s required and how Workers’ Compensation insurance can help protect your business.

Kim Mercado
Contributing Writer, Business and Insurance

If you’re starting a business, you may wonder, “Do I need workers’ comp insurance?” In all but four states, workers’ compensation insurance is legally required the moment you hire your first employee — and the penalties for going without it can include fines, stop-work orders, and financial liability for employee work-related injuries or illness. But if you’re self-employed or if you work alone as a sole proprietor, this type of business insurance coverage is a good idea, even if it’s not always legally required.

Workers’ comp insurance can help protect your business from the financial impact of workplace injuries while supporting recovery for you or your team. Keep reading to learn if you need workers’ comp coverage for yourself, your employees, your 1099 employees and contractors, and how much workers’ comp insurance you need.

Jump ahead to learn:

Workers’ compensation insurance is a type of business insurance coverage that can help cover costs if full-time and part-time employees get injured or become ill because of their job. It’s designed to help protect business owners from the costs of workplace accidents.

Workers’ comp could help cover the costs of:

  • Medical expenses related to a work injury or illness.
  • Lost wages while an employee recovers.
  • Rehabilitation, disability payments or ongoing medical care costs.
  • Job retraining if an affected worker can’t return to their same position due to injury.
  • Death benefits / survivor benefits.

Workers’ comp insurance also helps protect business owners with employers liability coverage to help protect them from some legal matters related to employee claims. Under workers’ comp care, employees typically give up the right to sue their employer for injuries. For business owners, that can mean fewer out-of-pocket costs and less legal risk. For employees, it offers financial support during recovery so they can focus on getting back to work.

Do I need Workers’ Comp insurance legally?

Each state sets its own rules, but requirements are typically based on:

  • The state where you do business.
  • Whether or not you have employees.
  • The number of employees you have.
  • Your industry and your business’ level of risk.

For example, some states require coverage across all industries even if you have just one employee. Other states may not require coverage until you have three or four employees. And still other states offer limited workers’ comp exemptions, excusing you from the requirement of workers’ comp coverage based on specific conditions. Be sure to check the workers’ comp regulations in your state to see what’s required.

And a workers’ compensation policy isn’t just for full-time staff. Depending on your state, you may need coverage for:

Beyond state and legal requirements, workers’ comp can be required by clients to:

  • Sign a contract for a job.
  • Work on some job sites.
  • Meet vendor requirements.
  • Be in compliance with professional licensing requirements.

Do I need Workers Comp insurance for myself?

Workers’ comp coverage for employees doesn’t automatically cover business owners. But business owners do have the option to add business owners coverage to their policy to get the same benefits and protections of workers’ comp.

While most states don’t require the owner of the business to carry workers’ comp for themselves, many opt in to coverage for its added financial protection. This is especially common for employers who work alongside their employees in hands-on professions like construction, cleaners and fitness. Contractors and subcontractors may also choose to include themselves on the company policy because contracts often require proof of workers’ compensation coverage before they can start a job.

If you don’t add yourself to your company’s workers’ comp coverage you might have to pay out-of-pocket for work-related medical expenses. And you might lose income if you can’t work during recovery.

Learn more: Do business owners need workers’ compensation for themselves?

Do I need Workers’ Comp insurance if I’m self-employed?

A self-employed house cleaner, a personal trainer who works with clients at their homes, a freelance electrician — these types of small businesses and other sole proprietors and independent contractors are not legally required to carry workers’ comp in all states. But all of these jobs require physical work where a single injury could mean weeks without income. “Not required” doesn’t mean “not at risk.”

That’s why many small business owners that don’t have employees still opt for business owner workers’ comp coverage to help protect their income if they’re injured on the job.

Consider workers’ comp if you:

  • Work in a higher-risk industry like construction, cleaning or fitness.
  • Need proof of insurance coverage (also called a COI) to win contracts or access job sites.
  • Rely on your physical ability to earn income.

Workers’ Comp insurance vs. health insurance

Workers’ comp and health insurance may both help with medical costs, but they serve different purposes.

Workers’ comp insurance:

  • Applies specifically to work-related injuries or illnesses.
  • Can help cover medical bills, a portion of lost wages and rehabilitation.
  • May include employer liability protection if a claim is filed.

Health insurance:

  • Covers everyday medical needs like checkups, prescriptions and ongoing care.
  • Applies to illnesses and injuries outside of work.
  • Typically doesn’t replace lost income.

Health insurance helps with general care, while workers’ comp is designed for job-related risks — especially those that could impact your ability to earn.

Let’s say while working, you fall and injure your knee. If you had business owners coverage, workers’ comp could help cover your initial treatment, physical therapy and a portion of lost wages if you had to take time off to recover. But if that injury later leads to ongoing health conditions, your health insurance would likely help cover additional care since it isn’t directly tied to the workplace injury.**

What happens if I don’t have Workers’ Comp?

If workers’ comp insurance is required in your state and you don’t have it, your business could face serious consequences.

Workplace injuries are common and the financial exposure can be severe. Private industry employers reported 2.5 million nonfatal workplace injuries and illnesses in 2024, according to the U.S. Bureau of Labor Statistics. Without workers’ comp, every one of those injuries is a potential out-of-pocket liability for the business owner.

If you don’t have workers’ comp, you could be on the hook for:

  • Paying medical bills and lost wages out of pocket.
  • Fines or penalties for non-compliance.
  • Stop-work orders that pause your business operations.
  • Lawsuits if an employee is injured on the job.

Learn more: What could happen if you don’t have workers’ compensation insurance?

How much does Workers’ Comp insurance cost?

Workers’ comp insurance costs vary widely based on your business. There’s no one-size-fits-all price. But for most small businesses, it’s potentially far less expensive than a single uninsured injury claim.

Your premium is typically based on a few key factors:

  • Industry risk level: Higher-risk jobs (like construction) often cost more than lower-risk roles (like consulting).
  • Payroll size: The more employees you have, the higher your total cost may be.
  • Location: Rates vary by state due to different laws and claim costs.
  • Claims history: Past claims can impact your premium over time.
  • Type of work performed: Even within the same business, different roles may be classified at different risk levels.
  • Coverage limits and policy details: The level of coverage you choose can influence your overall cost.

The best way to understand your cost is to get a quote based on your specific business details.

How ERGO NEXT helps protect your business

ERGO NEXT makes it fast, easy and affordable to protect your small business — and you can do it all online.

We’ll ask a few questions about your business and give you an insurance quote. You can select your coverage options and purchase your policy — all in about 10 minutes. Your certificate of insurance will be available immediately, and you can access your policy 24/7 via web or mobile app.

If you have questions, our licensed, U.S.-based insurance agents are available to help.

Start a free instant quote with ERGO NEXT.

Do I need Workers’ Comp? FAQ

Get answers to the most common questions about workers’ compensation requirements.

Do you need Workers’ Comp insurance?

Stop gap coverage is an insurance endorsement that fills a gap in workers' compensation coverage for employers in monopolistic states which are North Dakota, Ohio, Washington and Wyoming. In these states, the state-run workers' comp fund covers employees' medical c

Requirements can vary based on your state, your industry and how your business is structured, but here’s your cheat sheet to workers’ comp:

  • If you have employees: Workers' comp is legally required in almost every state — and the penalties for not having it can include fines, stop-work orders and personal liability for work-related injuries.
  • If you're self-employed: You're usually not required to carry it. But if your income depends on your physical ability to work — and you don't have a financial safety net to cover weeks of lost income and medical bills — coverage for yourself is worth serious consideration.

Even when it’s not required, workers’ comp insurance can help protect your income and your business.

osts and lost wages but doesn’t include employers liability coverage. Stop gap coverage can provide that missing protection by helping to cover legal defense costs, settlements and judgments if an employee sues over a workplace injury.

Do I need Workers' Comp for part-time and seasonal employees?

In most states, workers' comp requirements typically apply to part-time and seasonal workers, as well as full-time employees. Some states also require coverage for family members who work in the business, even informally. Don't assume that someone working a few hours a week or only during busy seasons is automatically exempt. Check your state's specific rules before making that call.

Can I be required to carry Workers' Comp insurance even if I have no employees?

Many state licensing boards require sole proprietors in certain trades — like construction, electrical, plumbing, HVAC — to carry workers' comp as a condition of getting or renewing a license, even if they work alone. Commercial clients and general contractors often require a certificate of insurance before awarding work. So even if you technically aren't required to carry it under your state's employment law, your license or your clients may effectively require it anyway.

What does Workers' Compensation insurance not cover?

Workers' comp generally doesn't cover injuries that happen outside of work, injuries caused by an employee's intoxication or intentional self-harm or injuries to independent contractors (as opposed to employees). It also typically doesn't cover emotional distress claims unrelated to a physical injury, or illnesses that develop over time from non-work causes. Every policy has exclusions so read yours carefully and ask your insurer if you're unsure whether a specific situation would be covered.

Is Workers' Comp required if I only hire independent contractors?

If your workers are truly independent contractors, you're generally not required to provide workers' comp for them. But if those contractors are later found to meet your state's legal definition of an employee, you could be responsible for their coverage retroactively, plus penalties. Misclassification can be one of the most common and costly compliance mistakes small business owners make when it comes to workers’ comp coverage.

Do I need Workers' Comp insurance for 1099 employees?

The term "1099 employee" is a bit of a contradiction — if someone receives a 1099, they're typically classified as an independent contractor, not an employee. And workers' comp is generally not required for independent contractors. But if a worker you've been paying as a 1099 contractor is later determined by your state to meet the legal definition of an employee, you could be held responsible for their workers' comp coverage retroactively. If you're regularly using 1099 workers, it's worth reviewing your state's worker classification rules to make sure you're not exposed.

Do I need Workers' Comp insurance for 1099 contractors?

If your workers are properly classified as independent contractors, you're generally not required to provide workers' comp coverage for them. But "generally not required" comes with an important catch: Worker misclassification is one of the most common compliance issues in workers' comp, and the consequences can be significant. If a 1099 contractor is later reclassified as an employee under your state's rules, you may owe back premiums, penalties and you could potentially be liable for injuries that occurred while they were working for you uninsured. Review your state classification carefully, especially for contractors who work primarily for your business.
Kim Mercado
About the author

Kim Mercado is a small business insurance writer at ERGO NEXT, producing content for small business owners. She enjoys helping entrepreneurs solve their business challenges and learn about insurance. Kim has also contributed content to Salesforce, Samsara and Google.

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NEXT is part of the ERGO Group, a Munich Re company.

Issuance of coverage is subject to underwriting. Not available in all states. Please see the policy for full terms, conditions and exclusions. Coverage examples are for illustrative purposes only. Your policy documents govern, terms and exclusions apply. Coverage is dependent on actual facts and circumstances giving rise to a claim. Next Insurance, Inc. and/or its affiliates is an insurance agency licensed to sell certain insurance products and may receive compensation from insurance companies for such sales. Policy obligations are the sole responsibility of the issuing insurance company. Refer to Legal Notices section for additional information.

* To the extent permitted by law, applicants are individually underwritten, not all applicants may qualify. Individual rates and savings vary and are subject to change. Discounts and savings are available where state laws and regulations allow, and may vary by state. Certain discounts and policy start times apply to specific coverages only.

** Coverage examples are for illustrative purposes only. Your policy documents govern, terms and exclusions apply. Coverage is dependent on actual facts and circumstances giving rise to a claim.

Any starting prices or premiums represented before an actual customer quote are not guaranteed and are representations of existing premiums of active policies as of March 21, 2025. To the extent permitted by law, applicants are individually underwritten, not all applicants may qualify. Individual rates and savings vary and are subject to change. Discounts and savings are available where state laws and regulations allow, and may vary by state. Certain discounts apply to specific coverages only.