Workers Comp Exemptions for Employers

Published: July 26, 2026

Understanding Workers Compensation Exemptions

Some employers are exempt from carrying workers' compensation insurance, but these exemptions vary by state and industry. Generally, employers with fewer than a certain number of employees or those in specific industries, such as agriculture or domestic work, may be exempt.

Types of Exempt Employers

The following types of employers may be exempt from workers' compensation:

  • Small businesses with fewer than 3-5 employees, depending on the state
  • Agricultural employers with fewer than a certain number of employees or those who only hire family members (learn more about agricultural workers' compensation)
  • Domestic workers, such as housekeepers or nannies
  • Independent contractors and sole proprietors, although some states may require coverage for these workers
  • Some non-profit organizations or charities

State-Specific Exemptions

Exemptions from workers' compensation vary by state, so it's essential to check with your state's department of insurance or workers' compensation agency to determine if you are exempt. For example, some states have specific exemptions for Kentucky or Texas employers.

Voluntary Coverage

Even if you are exempt from carrying workers' compensation insurance, you may still want to consider purchasing a policy to protect your business and employees. This is especially important if you have a high-risk business or industry.

Frequently Asked Questions

Here are some common questions about workers' compensation exemptions: