Workers' Comp for Construction & Contractors
Construction is the most heavily regulated industry for workers' comp — most states drop the general employee threshold to one employee, and California now requires it for licensed contractors with zero employees.
38
states: construction = 1st employee
6
states stricter than their general rule
1
jurisdictions: 0 employees (license-based)
Zero-employee requirement (CA SB 216)
California's SB 216 phase-in (completed 2026) requires all licensed contractors to carry workers' comp even with no employees. If you hold a CSLB license, coverage is a licensing condition.
Construction thresholds, all 50 states
| State | Construction | General | Stricter? |
|---|---|---|---|
| | 0 (licensed contractors) | 1+ | stricter for construction |
| | 1+ | 5+ | stricter for construction |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 4+ | stricter for construction |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | $ payroll | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 5+ | stricter for construction |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 3+ | stricter for construction |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 5+ | stricter for construction |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 1+ | 1+ | — |
| | 3+ | 3+ | — |
| | 3+ | 3+ | — |
| | 3+ | 3+ | — |
| | 4+ | 4+ | — |
| | 5+ | 5+ | — |
| | — | 1+ | — |
| | — | 3+ | — |
| | — | 3+ | — |
| | — | 1+ | — |
| | — | 1+ | — |
| | — | elective | — |
| | — | elective | — |
Compiled from state agency sources (see state pages for each official link). Owner-operators and corporate officers can often exempt themselves in construction — but exemption rules vary by state; verify with the official source.