Do Business Owners Need Workers’ Comp?

It depends on the state and business structure; some owners are excluded by default, while others can elect coverage or must be covered.

Workers’ compensation laws do not treat every owner the same. A state may distinguish sole proprietors, partners, LLC members, corporate officers, and employees, and may let some owners opt in or opt out. New York, for example, lists sole proprietors without employees among those who do not need coverage and says business owners can include themselves; that is a New York rule, not a nationwide one.

Ask the state agency how it treats your exact entity and ownership roles. On the quote, check whether each owner is included or excluded, how owner payroll is handled, and whether an endorsement or election is needed to add coverage. The agency’s answer should distinguish coverage required for employees from optional protection for the owner. Keep any signed owner election or exclusion with the policy records.

Sources

  1. State Workers’ Compensation Officials. U.S. Department of Labor; State and territory workers’ compensation contacts. Accessed 2026-09-25.
  2. What business owners must know. New York State Workers’ Compensation Board; Who needs insurance, independent contractors, owners and exemptions. Accessed 2026-09-25.

Updated . Answers describe typical policies, not your coverage; your policy wording decides what is covered. See the editorial policy or contact Spot with a correction and supporting source.

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