Workers' Comp for Construction & Contractors
Construction is the most heavily regulated industry for workers' comp — most states drop the general employee threshold to one employee, and California now requires it for licensed contractors with zero employees.
38
states: construction = 1st employee
6
states stricter than their general rule
1
jurisdictions: 0 employees (license-based)
Zero-employee requirement (CA SB 216)
California's SB 216 phase-in (completed 2026) requires all licensed contractors to carry workers' comp even with no employees. If you hold a CSLB license, coverage is a licensing condition.
Construction thresholds, all 50 states
| State | Construction | General | Stricter? |
|---|---|---|---|
 California | 0 (licensed contractors) | 1+ | stricter for construction |
 Alabama | 1+ | 5+ | stricter for construction |
 Alaska | 1+ | 1+ | — |
 Colorado | 1+ | 1+ | — |
 Connecticut | 1+ | 1+ | — |
 Delaware | 1+ | 1+ | — |
 District of Columbia | 1+ | 1+ | — |
 Florida | 1+ | 4+ | stricter for construction |
 Hawaii | 1+ | 1+ | — |
 Idaho | 1+ | 1+ | — |
 Indiana | 1+ | 1+ | — |
 Iowa | 1+ | 1+ | — |
 Kansas | 1+ | $ payroll | — |
 Kentucky | 1+ | 1+ | — |
 Louisiana | 1+ | 1+ | — |
 Maine | 1+ | 1+ | — |
 Maryland | 1+ | 1+ | — |
 Massachusetts | 1+ | 1+ | — |
 Michigan | 1+ | 1+ | — |
 Minnesota | 1+ | 1+ | — |
 Missouri | 1+ | 5+ | stricter for construction |
 Montana | 1+ | 1+ | — |
 Nebraska | 1+ | 1+ | — |
 Nevada | 1+ | 1+ | — |
 New Hampshire | 1+ | 1+ | — |
 New Jersey | 1+ | 1+ | — |
 New Mexico | 1+ | 3+ | stricter for construction |
 North Dakota | 1+ | 1+ | — |
 Ohio | 1+ | 1+ | — |
 Oklahoma | 1+ | 1+ | — |
 Oregon | 1+ | 1+ | — |
 Pennsylvania | 1+ | 1+ | — |
 Rhode Island | 1+ | 1+ | — |
 Tennessee | 1+ | 5+ | stricter for construction |
 Utah | 1+ | 1+ | — |
 Vermont | 1+ | 1+ | — |
 Washington | 1+ | 1+ | — |
 West Virginia | 1+ | 1+ | — |
 Wyoming | 1+ | 1+ | — |
 North Carolina | 3+ | 3+ | — |
 Virginia | 3+ | 3+ | — |
 Wisconsin | 3+ | 3+ | — |
 South Carolina | 4+ | 4+ | — |
 Mississippi | 5+ | 5+ | — |
 Arizona | — | 1+ | — |
 Arkansas | — | 3+ | — |
 Georgia | — | 3+ | — |
 Illinois | — | 1+ | — |
 New York | — | 1+ | — |
 South Dakota | — | elective | — |
 Texas | — | elective | — |
Compiled from state agency sources (see state pages for each official link). Owner-operators and corporate officers can often exempt themselves in construction — but exemption rules vary by state; verify with the official source.