Is Workers’ Comp Required?

Most states require workers’ comp for most employers, but thresholds, exemptions, and alternatives depend on state law.

NAIC describes coverage as mandatory for most employers except most private employers in Texas, where participation is generally optional. California requires coverage; Texas non-subscribers have separate notice and reporting duties.

Use the Department of Labor’s state-agency directory to find the right authority and check your headcount, entity, and employee classifications. Confirm how to obtain coverage and any state-specific alternatives.

Sources for This Answer

  1. Workers’ Compensation Insurance. National Association of Insurance Commissioners; Opening definition; mandatory coverage except Texas opt-in; exclusive remedy; monopolistic state funds; self-insurance note. Accessed 2026-09-25.
  2. DWC employer information. California Department of Industrial Relations, Division of Workers’ Compensation; Opening trade-off and California requirement; basic benefits including medical care, temporary and permanent disability, supplemental job displacement, return-to-work supplement and death benefits; out-of-state employer note. Accessed 2026-09-25.
  3. Employer resources. Texas Department of Insurance, Division of Workers’ Compensation; In Texas, private employers can choose to carry workers’ compensation insurance coverage, but it is not required in most cases; lost wages and medical benefits; except when gross negligence results in a fatality, coverage limits liability. Accessed 2026-09-25.
  4. State Workers’ Compensation Officials. U.S. Department of Labor; State and territory workers’ compensation contacts. Accessed 2026-09-25.

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