Find workers' compensation requirements and resources by state (for admins)

This article is for admins who want to learn about workers’ compensation (workers’ comp) requirements in their state.

Your state might require you to purchase workers’ compensation insurance. Learn how to get workers’ comp through Gusto

Workers’ comp requirements vary by state. The table below shows the minimum number of employees required before you need coverage in each state, and links to your state’s agency for more details. If you’re an owner-only company and exempt from workers’ comp, see the state you operate in for more information. Check with a CPA or the state agency to confirm whether or not you’re exempt. Not all states will require you to set an exemption in Gusto. 

Check out our blog to get general information about:

Sometimes, companies get a request for a workers’ comp audit. Go to this article for more information.

Find state-specific workers’ compensation agency resources

Each state name links to its workers’ comp agency website. Select a state to learn more about its specific regulations.

State

Employee minimum

Alabama

4

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

Three or more employees at one time, or one or more employees working 35 or more hours per week for 13 or more weeks during the previous 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

The government runs this state’s program instead of a private carrier. Gusto and our workers’ comp partner do not support or pay for this program. Call the state directly at (800) 777-5033.

Ohio

The government runs this state’s program instead of a private carrier. Gusto and our workers’ comp partner do not support or pay for this program. Call the state directly at (800) 644-6292.

Oklahoma

1

Oregon

1

Pennsylvania

1

Rhode Island

1

South Carolina

4

South Dakota

Not required 

Tennessee

5

Texas

Generally not required, unless in construction or government work

Utah

1

Vermont

1

Virginia

3

Washington

The government runs this state’s program, but we support and pay for it. Visit our Washington registration and tax info article for more information about how you pay for this insurance and how to enter employee risk class codes.

West Virginia

1, with some exceptions

Wisconsin

If you employ three or more full-time or part-time employees, you usually must get insurance immediately.

If you employ one or more full-time or part-time employees and paid combined gross wages of $500 or more in any calendar quarter for work 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 six 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

The government runs this state’s program, but we support and pay for it. Visit our Wyoming registration and tax info article for more info.