WorkCompHQ

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

StateConstructionGeneralStricter?
California 0 (licensed contractors) 1+ stricter for construction
Alabama 1+ 5+ stricter for construction
Alaska 1+ 1+
Colorado 1+ 1+
Connecticut 1+ 1+
Delaware 1+ 1+
District of Columbia 1+ 1+
Florida 1+ 4+ stricter for construction
Hawaii 1+ 1+
Idaho 1+ 1+
Indiana 1+ 1+
Iowa 1+ 1+
Kansas 1+ $ payroll
Kentucky 1+ 1+
Louisiana 1+ 1+
Maine 1+ 1+
Maryland 1+ 1+
Massachusetts 1+ 1+
Michigan 1+ 1+
Minnesota 1+ 1+
Missouri 1+ 5+ stricter for construction
Montana 1+ 1+
Nebraska 1+ 1+
Nevada 1+ 1+
New Hampshire 1+ 1+
New Jersey 1+ 1+
New Mexico 1+ 3+ stricter for construction
North Dakota 1+ 1+
Ohio 1+ 1+
Oklahoma 1+ 1+
Oregon 1+ 1+
Pennsylvania 1+ 1+
Rhode Island 1+ 1+
Tennessee 1+ 5+ stricter for construction
Utah 1+ 1+
Vermont 1+ 1+
Washington 1+ 1+
West Virginia 1+ 1+
Wyoming 1+ 1+
North Carolina 3+ 3+
Virginia 3+ 3+
Wisconsin 3+ 3+
South Carolina 4+ 4+
Mississippi 5+ 5+
Arizona 1+
Arkansas 3+
Georgia 3+
Illinois 1+
New York 1+
South Dakota elective
Texas 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.