Do Contractors and Independent Contractors Need Workers’ Comp?

A business may have to cover a contractor who qualifies as an employee under state law, regardless of the contract or 1099 label.

New York warns that workers under a business’s direct control may count as employees and that many subcontractors are covered; other states use their own tests and exceptions. If you misclassify a worker, your business may owe benefits or face a payroll adjustment.

Check each work state’s classification test and require contractors to show current coverage where applicable. Verify policy dates, covered states, and legal entity names; ask your insurer how uninsured subcontractor labor is handled in audits.

Sources for Workers’ Compensation Insurance Answers

  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.
  3. Is Workers’ Compensation Coverage Required? New York State Workers’ Compensation Board; Coverage requirements and employee classification, including independent contractors. Accessed 2026-09-25.

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