Workers' Compensation Insurance Requirements by State (2026)
Workers' comp covers medical costs and lost wages when employees are injured on the job. Almost every state requires it — but the rules, thresholds, costs, and benefits vary widely. All 50 states + DC covered below.
Click your state for the full breakdown
Required — 1 Employee
37 states require coverage from the first hire
Required — Higher Threshold
13 states require coverage at 2–5+ employees
Voluntary
1 state where coverage is optional
Monopolistic States — You MUST Buy From the State Fund
In 4states, private workers' comp insurance is not available. You must purchase from the state fund:
- North Dakota — Workforce Safety & Insurance (WSI)
- Ohio — Ohio Bureau of Workers' Compensation (BWC)
- Washington — Washington Department of Labor & Industries (L&I)
- Wyoming — Wyoming Workers' Safety and Compensation Division (WSC)
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This is an estimate only. Actual workers' comp premiums depend on your specific NCCI or state classification code, experience modification rate (EMR), carrier, deductibles, and state regulations. Contact a licensed insurance agent for an accurate quote.
Full Comparison — All 50 States + DC
Click column headers to sort. Type to filter by state name.
| State▲ | Required?⇅ | Threshold⇅ | Cost/$100⇅ | Max Weekly⇅ | Waiting⇅ | Monopolistic? |
|---|---|---|---|---|---|---|
| Alabama | Required | 5 employees | $1.63 | $1,035 | 3 days | No |
| Alaska | Required | 1 employee | $2.15 | $1,384 | 3 days | No |
| Arizona | Required | 1 employee | $1.20 | $943 | 7 days | No |
| Arkansas | Required | 3 employees | $0.72 | $752 | 7 days | No |
| California | Required | 1 employee | $1.56 | $1,764 | 3 days | No |
| Colorado | Required | 1 employee | $0.88 | $1,181 | 3 days | No |
| Connecticut | Required | 1 employee | $1.68 | $1,502 | 3 days | No |
| Delaware | Required | 1 employee | $1.38 | $895 | 3 days | No |
| District of Columbia | Required | 1 employee | $1.22 | $1,838 | 3 days | No |
| Florida | Required | 4 employees (general), 1 employee (construction) | $1.10 | $1,197 | 7 days | No |
| Georgia | Required | 3 employees | $1.22 | $750 | 7 days | No |
| Hawaii | Required | 1 employee | $2.08 | $1,187 | 3 days | No |
| Idaho | Required | 1 employee | $0.83 | $822 | 5 days | No |
| Illinois | Required | 1 employee | $1.31 | $1,884 | 3 days | No |
| Indiana | Required | 1 employee | $0.77 | $975 | 7 days | No |
| Iowa | Required | 1 employee | $1.09 | $2,006 | 3 days | No |
| Kansas | Required | Gross annual payroll > $20,000 | $1.06 | $750 | 7 days | No |
| Kentucky | Required | 1 employee | $0.96 | $1,058 | 7 days | No |
| Louisiana | Required | 1 employee | $1.16 | $859 | 7 days | No |
| Maine | Required | 1 employee | $1.15 | $1,072 | 7 days | No |
| Maryland | Required | 1 employee | $1.05 | $1,153 | 3 days | No |
| Massachusetts | Required | 1 employee | $0.80 | $1,796 | 5 days | No |
| Michigan | Required | 1 employee | $1.12 | $1,077 | 7 days | No |
| Minnesota | Required | 1 employee | $1.24 | $1,290 | 3 days | No |
| Mississippi | Required | 5 employees | $1.50 | $612 | 5 days | No |
| Missouri | Required | 5 employees (general), 1 employee (construction) | $1.28 | $1,082 | 3 days | No |
| Montana | Required | 1 employee | $1.28 | $858 | 4 days (no comp for first 4 days unless disability exceeds 4 weeks) | No |
| Nebraska | Required | 1 employee | $1.10 | $971 | 7 days | No |
| Nevada | Required | 1 employee | $1.06 | $1,081 | 5 days | No |
| New Hampshire | Required | 1 employee | $1.10 | $2,309 | 3 days | No |
| New Jersey | Required | 1 employee | $1.52 | $1,099 | 7 days | No |
| New Mexico | Required | 3 employees | $1.16 | $876 | 7 days | No |
| New York | Required | 1 employee | $1.68 | $1,172 | 7 days | No |
| North Carolina | Required | 3 employees | $1.08 | $1,174 | 7 days | No |
| North Dakota | Required | 1 employee | $0.67 | $1,170 | 5 days | Yes |
| Ohio | Required | 1 employee | $0.92 | $1,114 | 7 days | Yes |
| Oklahoma | Required | 1 employee | $1.42 | $996 | 3 days | No |
| Oregon | Required | 1 employee | $1.07 | $1,405 | 3 days | No |
| Pennsylvania | Required | 1 employee | $1.41 | $1,205 | 7 days | No |
| Rhode Island | Required | 1 employee | $1.42 | $1,082 | 3 days | No |
| South Carolina | Required | 4 employees | $1.30 | $973 | 7 days | No |
| South Dakota | Required | 1 employee | $1.13 | $904 | 7 days | No |
| Tennessee | Required | 5 employees (general), 1 employee (construction/mining/coal) | $1.18 | $1,105 | 7 days | No |
| Texas | Voluntary | No threshold — voluntary for most private employers | $0.86 | $1,092 | 7 days | No |
| Utah | Required | 1 employee | $0.87 | $1,058 | 3 days | No |
| Vermont | Required | 1 employee | $1.62 | $1,388 | 3 days | No |
| Virginia | Required | 2 employees | $0.73 | $1,309 | 7 days | No |
| Washington | Required | 1 employee | $1.52 | $2,228 | 3 days | Yes |
| West Virginia | Required | 1 employee | $1.13 | $932 | 3 days | No |
| Wisconsin | Required | 3 employees | $1.06 | $1,145 | 3 days | No |
| Wyoming | Required | 1 employee | $0.85 | $935 | 3 days + 8 hours | Yes |
51 states shown. Click column headers to sort.
Key Concepts
What is workers' comp?
Insurance that pays for medical treatment, rehabilitation, and lost wages when an employee is injured or becomes ill because of their job. In exchange, employees generally cannot sue the employer for negligence.
Monopolistic vs. competitive states
Most states allow you to buy from private insurers (competitive market). Four states — Ohio, North Dakota, Washington, and Wyoming — require you to buy from the state fund (monopolistic).
How costs are calculated
Premium = Classification Rate × Experience Modifier (EMR) × (Payroll / $100). Office workers ($0.20/$100) cost far less than roofers ($15+/$100). Your EMR starts at 1.0 and goes up or down based on your claims history.
Employee threshold
Some states require coverage starting with 1 employee, others at 2, 3, 4, or 5. Construction businesses often have lower thresholds. Part-time and seasonal workers usually count.
Waiting period vs. retroactive period
The waiting period (3–7 days) is how long before wage replacement begins. If the disability exceeds the retroactive period (7–42 days depending on state), the insurer pays back to day one.
Claim filing deadlines
Employees must file claims within a state-set deadline (60 days to 4 years). Employers must report injuries to their insurer much sooner (1–21 days). Missing deadlines can result in denied claims.
Video Guides
Last updated: 2026-03-27. This is general information, not legal or insurance advice. Verify requirements with your state's workers' compensation agency. Source: U.S. Department of Labor, individual state agency websites.