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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

Interactive US map showing workers' compensation insurance requirements by state

Required — 1 Employee

37 states require coverage from the first hire

AKAZCACOCTDEDCHIIDILINIAKYLAMEMDMAMIMNMTNENVNHNJNYNDOHOKORPARISDUTVTWAWVWY

Required — Higher Threshold

13 states require coverage at 2–5+ employees

AL (5 employees)AR (3 employees)FL (4 employees (general), 1 employee (construction))GA (3 employees)KS (Gross annual payroll > $20,000)MS (5 employees)MO (5 employees (general), 1 employee (construction))NM (3 employees)NC (3 employees)SC (4 employees)TN (5 employees (general), 1 employee (construction/mining/coal))VA (2 employees)WI (3 employees)

Voluntary

1 state where coverage is optional

TX

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 DakotaWorkforce Safety & Insurance (WSI)
  • OhioOhio Bureau of Workers' Compensation (BWC)
  • WashingtonWashington Department of Labor & Industries (L&I)
  • WyomingWyoming Workers' Safety and Compensation Division (WSC)

Workers' Comp Premium Calculator

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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.

StateRequired?ThresholdCost/$100Max WeeklyWaitingMonopolistic?
AlabamaRequired5 employees$1.63$1,0353 daysNo
AlaskaRequired1 employee$2.15$1,3843 daysNo
ArizonaRequired1 employee$1.20$9437 daysNo
ArkansasRequired3 employees$0.72$7527 daysNo
CaliforniaRequired1 employee$1.56$1,7643 daysNo
ColoradoRequired1 employee$0.88$1,1813 daysNo
ConnecticutRequired1 employee$1.68$1,5023 daysNo
DelawareRequired1 employee$1.38$8953 daysNo
District of ColumbiaRequired1 employee$1.22$1,8383 daysNo
FloridaRequired4 employees (general), 1 employee (construction)$1.10$1,1977 daysNo
GeorgiaRequired3 employees$1.22$7507 daysNo
HawaiiRequired1 employee$2.08$1,1873 daysNo
IdahoRequired1 employee$0.83$8225 daysNo
IllinoisRequired1 employee$1.31$1,8843 daysNo
IndianaRequired1 employee$0.77$9757 daysNo
IowaRequired1 employee$1.09$2,0063 daysNo
KansasRequiredGross annual payroll > $20,000$1.06$7507 daysNo
KentuckyRequired1 employee$0.96$1,0587 daysNo
LouisianaRequired1 employee$1.16$8597 daysNo
MaineRequired1 employee$1.15$1,0727 daysNo
MarylandRequired1 employee$1.05$1,1533 daysNo
MassachusettsRequired1 employee$0.80$1,7965 daysNo
MichiganRequired1 employee$1.12$1,0777 daysNo
MinnesotaRequired1 employee$1.24$1,2903 daysNo
MississippiRequired5 employees$1.50$6125 daysNo
MissouriRequired5 employees (general), 1 employee (construction)$1.28$1,0823 daysNo
MontanaRequired1 employee$1.28$8584 days (no comp for first 4 days unless disability exceeds 4 weeks)No
NebraskaRequired1 employee$1.10$9717 daysNo
NevadaRequired1 employee$1.06$1,0815 daysNo
New HampshireRequired1 employee$1.10$2,3093 daysNo
New JerseyRequired1 employee$1.52$1,0997 daysNo
New MexicoRequired3 employees$1.16$8767 daysNo
New YorkRequired1 employee$1.68$1,1727 daysNo
North CarolinaRequired3 employees$1.08$1,1747 daysNo
North DakotaRequired1 employee$0.67$1,1705 daysYes
OhioRequired1 employee$0.92$1,1147 daysYes
OklahomaRequired1 employee$1.42$9963 daysNo
OregonRequired1 employee$1.07$1,4053 daysNo
PennsylvaniaRequired1 employee$1.41$1,2057 daysNo
Rhode IslandRequired1 employee$1.42$1,0823 daysNo
South CarolinaRequired4 employees$1.30$9737 daysNo
South DakotaRequired1 employee$1.13$9047 daysNo
TennesseeRequired5 employees (general), 1 employee (construction/mining/coal)$1.18$1,1057 daysNo
TexasVoluntaryNo threshold — voluntary for most private employers$0.86$1,0927 daysNo
UtahRequired1 employee$0.87$1,0583 daysNo
VermontRequired1 employee$1.62$1,3883 daysNo
VirginiaRequired2 employees$0.73$1,3097 daysNo
WashingtonRequired1 employee$1.52$2,2283 daysYes
West VirginiaRequired1 employee$1.13$9323 daysNo
WisconsinRequired3 employees$1.06$1,1453 daysNo
WyomingRequired1 employee$0.85$9353 days + 8 hoursYes

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.

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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.