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.
Coverage Guides Related to Workers’ Compensation Insurance
Sources for Workers’ Compensation Insurance Answers
- State Workers’ Compensation Officials. U.S. Department of Labor; State and territory workers’ compensation contacts. Accessed 2026-09-25.
- What business owners must know. New York State Workers’ Compensation Board; Who needs insurance, independent contractors, owners and exemptions. Accessed 2026-09-25.
- Is Workers’ Compensation Coverage Required? New York State Workers’ Compensation Board; Coverage requirements and employee classification, including independent contractors. Accessed 2026-09-25.