You might be required to purchase Workers' Compensation insurance—learn how to get workers' comp right in Gusto.
Requirements to get workers' compensation vary by state—the table below shows the employee-minimum requirement by state, and provides you with the state-specific resource for any other requirements.
Check out our blog to get general information about:
Sometimes, companies get a request for a workers' comp audit—go to this article and click the Workers comp audit reports dropdown for more information.
Click on the state name to visit their website and learn more about their specific regulations.
| State | Employee minimum |
| Alabama | 5 |
| Alaska | 1 |
| Arizona | 1 |
| Arkansas | 3 |
| California | 1 |
| Colorado | 1 |
| Connecticut | 1 |
| Delaware | 1 |
| District of Columbia | 1 |
| Florida | 4 |
| Georgia | 3 |
| Hawaii | 1 |
| Idaho | 1 |
| Illinois | 1 |
| Indiana | 1 |
| Iowa | 1 |
| Kansas | 1 |
| Kentucky | 1 |
| Louisiana | 1 |
| Maine | 1 |
| Maryland | 1 |
| Massachusetts | 1 |
| Michigan | 3 or more employees at any one time, or employs one or more workers for 35 or more hours per week for 13 or more weeks during preceding 52 weeks. |
| Minnesota | 1 |
| Mississippi | 5 |
| Missouri | 5 |
| Montana | 1 |
| Nebraska | 1 |
| Nevada | 1 |
| New Hampshire | 1 |
| New Jersey | 1 |
| New Mexico | 3 |
| New York | 1 |
| North Carolina | 3 |
| North Dakota | This state's program is managed by the government and not a private carrier, and therefore is not supported/paid by Gusto or our workers' comp partner. Call the state directly at (800) 777-5033. |
| Ohio | This state's program is managed by the government and not a private carrier, and therefore is not supported/paid by Gusto or our workers' comp partner. Call the state directly at (800) 644-6292. |
| Oklahoma | 1 |
| Oregon | 1 |
| Pennsylvania | 1 |
| Rhode Island | 1 |
| South Carolina | 4 |
| South Dakota | 1 |
| Tennessee | 5 |
| Texas | Generally not required, unless in construction or government work |
| Utah | 1 |
| Vermont | 1 |
| Virginia | 2 |
| Washington | This state's program is managed by the government, but is supported/paid by Gusto. Visit our Washington registration and tax info article for more information about how this insurance is paid and how to enter employee risk class codes. |
| West Virginia | 1, with some exceptions |
| Wisconsin | Usually, if you employ three or more full-time or part-time employees, you must get insurance immediately. If you employ one or more full-time or part-time employees that you've paid combined gross wages of $500 or more in any calendar quarter for work done at one or more locations in Wisconsin, you must have insurance by the 10th day of the first month of the next calendar quarter. If you're a farmer who employs 6 or more workers on the same day for any 20 days during the calendar year, you must get insurance by the 10th day after the 20th day of employment. |
| Wyoming | This state's program is managed by the government, but is supported/paid by Gusto. Visit our Wyoming registration and tax info article and click Register a company with the state for more info. |