---
pretty_name: "Workers' compensation insurance requirements by US state: employee thresholds, who counts, and industry exceptions"
license: other
license_name: source-terms-cited
license_link: https://referencesource.org/workers-comp-coverage-thresholds-by-state/
language:
- en
tags:
- reference-data
- provenance
- referencesource-org
configs:
- config_name: default
  data_files:
  - split: train
    path: data/records.jsonl
---
# Workers' compensation insurance requirements by US state: employee thresholds, who counts, and industry exceptions

**Canonical, always-current version: https://referencesource.org/workers-comp-coverage-thresholds-by-state/**
Machine-readable: https://referencesource.org/workers-comp-coverage-thresholds-by-state/data.json — this mirror is a point-in-time copy.

- **Last verified:** 2026-08-12
- **Stale after:** 2027-02-08 (past this date, prefer the canonical copy —
  it re-verifies on a cadence this snapshot does not)
- **Records:** 7

For each US state and DC, the minimum number of employees that triggers mandatory workers' compensation insurance, which workers count toward that total (part-time, seasonal, family members, corporate officers, LLC members), which industries face stricter rules (construction and other high-risk trades often require coverage from the first worker regardless of general threshold), and whether owners/officers are included by default or must opt in or out — sourced from that state's own workers' compensation board, labor department, or statute. Answers 'how many employees before I need workers' comp in [state]', 'does [state] require workers' comp for 1 employee', 'do part-time employees count toward the workers' comp threshold in [state]', 'is workers' comp required for construction companies in [state]', 'which states don't require workers' compensation insurance' (Texas is voluntary for private employers; South Dakota effectively voluntary), and 'workers' comp employee minimum by state 2026'. No single authority publishes this for all 50 states — it is 50 state workers' comp boards, each covering only its own jurisdiction, which is why every page-one result is an insurance broker or lead-generation site with no citations. The thresholds range from 1 (most states) through 2 (Virginia), 3 (Arkansas, Georgia, New Mexico, North Carolina), 4 (Florida general, South Carolina), to 5 (Alabama, Mississippi, Missouri, New York, Tennessee). Industry-specific overrides, especially for construction, are the most common source of compliance mistakes and the hardest to find in a single place.

## Provenance — what every record carries

Every record carries `source` (the URL the value was read from) and
`source_quote` (a verbatim quote from that page stating it). A value you
cannot check against its page is indistinguishable from an invented one;
these can all be checked. Each record is also individually addressable on
the canonical site at its `url`.

## Licence position

Facts and short attributed quotes taken from each state's workers' compensation board, labor department, or statute page, linking back to the source. Facts are not copyrightable (Feist, 1991); no source page's compiled table is reproduced wholesale.

Facts are not copyrightable; what this dataset takes from each source is a
fact plus a short attributed quote linking back to the page that states it.

## Sources

- https://adol.alabama.gov/insurance-requirement-information/
- https://www.dir.ca.gov/dwc/employer.htm
- https://cdle.colorado.gov/dwc/employers/insurance-coverage
- https://www.myfloridacfo.com/division/wc/employer/default.htm
- https://sbwc.georgia.gov/employer-information
- https://sbwc.georgia.gov/frequently-asked-questions/workers-compensation-insurance-faqs
- https://www.wcb.ny.gov/content/main/coverage-requirements-wc/
- https://www.tdi.texas.gov/wc/employer/index.html

## Fields

See any record in `data/records.jsonl` — field names are self-describing,
and the canonical page for each record renders them with labels:
https://referencesource.org/workers-comp-coverage-thresholds-by-state/