Do LLC Members Need Workers’ Comp?
LLC members’ workers’ compensation status depends on state law, employees, and any owner election; some states exclude members by default.
New York, for example, lists member-only LLCs among businesses that may not need coverage and allows some owners to include themselves. Those rules do not determine another state’s treatment, and an LLC with employees may have different obligations from one with only members.
Ask the agency in every state where members or employees work. Check owner inclusion or exclusion forms, payroll treatment, and the policy’s state pages to ensure the issued policy matches your election.



