State

Alaska business insurance requirements

Alaska business insurance rules: workers' comp from the first employee with no out-of-state reciprocity, pure comparative fault, 50/100/25 auto limits.

Workers' comp required at1 employee
Workers' comp marketCompetitive private market
State disability insuranceNo state mandate
Paid family leaveNo state program; paid sick leave has been required since July 1, 2025 (AS 23.10.066)

Workers' compensation

Who must carry it Required for every employer with one or more employees working in Alaska, including out-of-state employers (Alaska has no reciprocity)
Employee threshold 1 employee
Who can be excluded Sole proprietors, partners, and LLC members and for-profit corporate officers owning at least 10% are exempt unless they elect coverage; listed work is excluded (commercial fishermen, part-time babysitters, non-commercial cleaning persons, certain real estate licensees, taxi and TNC drivers)
Market Competitive private market
State fund No state fund; assigned risk pool administered by NCCI
Rating bureau NCCI
Penalty for not carrying it Civil penalty up to $1,000 per employee per uninsured day, $1,000 a day for ignoring a stop order, and on conviction a $10,000 fine and up to one year in jail (AS 23.30.075, 23.30.080)
Workers' comp agency Alaska Department of Labor and Workforce Development, Division of Workers' Compensation
Agency phone 877-783-4980
Agency website labor.alaska.gov/wc

Employee benefit mandates

State disability insurance No state mandate
Paid family and medical leave No state program; paid sick leave has been required since July 1, 2025 (AS 23.10.066)

Commercial auto

Minimum liability limits 50/100/25 ($50,000 per person and $100,000 per accident for bodily injury, $25,000 property damage) under AS 28.22.101; FMCSA limits apply to interstate motor carriers

Liability law

Negligence rule Pure comparative fault, with several liability apportioned by percentage of fault (AS 09.17.060, 09.17.080)
Time limits to sue Personal injury 2 years; damage to personal property 2 years (6 years for trespass to real property); contracts 3 years

Insurance regulator

Insurance regulator Alaska Division of Insurance
Consumer hotline 800-467-8725
Website insurance.alaska.gov
Surplus lines tax 2.7% of net premium, collected and paid by the surplus lines broker (AS 21.34.180)

Laws that shape business insurance in Alaska

  • No workers' comp reciprocity; comp must come from an Alaska-admitted insurer (AS 23.30.025)
  • Noneconomic damages caps, AS 09.17.010
  • Punitive damages caps, with 50% of awards paid to the state, AS 09.17.020
  • Several liability by percentage of fault, AS 09.17.080
  • Paid sick leave from July 1, 2025, AS 23.10.066

Alaska requires workers' compensation from the first employee, and it means it: the state has no reciprocity with any other state, so an out-of-state contractor sending even one worker north needs an Alaska policy from an Alaska-admitted insurer. There is no state disability or paid family leave program, though paid sick leave has been mandatory since July 1, 2025. Liability law is pure comparative fault with several liability and statutory caps on noneconomic and punitive damages.

Workers' compensation requirements

"The Alaska Workers' Compensation Act requires each employer having one or more employees in Alaska to obtain workers' compensation insurance," unless the Workers' Compensation Board has approved it as a self-insurer, according to the Division of Workers' Compensation. There are no exemptions by type of business, only by type of work. Family members and friends who work for you count as employees.

Owners are treated differently from staff. Since August 1, 2019, sole proprietors, partners, LLC members owning at least 10%, and executive officers of for-profit corporations owning at least 10% do not have to insure themselves (AS 23.30.240). Proprietors and partners can apply to the insurer for coverage under AS 23.30.239, and a corporation or LLC can bring an exempt officer or member back in by naming them on the policy. Officers of nonprofit, religious and municipal corporations are not employees unless the entity elects to cover them. If you need help sorting owner elections, see can owners and officers exclude themselves from workers' comp?.

Rule Alaska
Who must carry it Any employer with 1 or more employees in Alaska, including out-of-state employers
Owner exemptions Sole proprietors, partners, 10%+ LLC members and 10%+ corporate officers, unless they elect coverage
Excluded work Commercial fishermen, part-time babysitters, non-commercial cleaning persons, harvest and transient help, amateur sports officials, contract entertainers, qualifying real estate licensees, taxi and TNC drivers, true independent contractors (AS 23.30.230)
Penalty Up to $1,000 per employee per uninsured day; $1,000 a day for violating a stop order; criminal fine of $10,000 and up to a year in jail
State fund None; NCCI administers the assigned risk pool

Enforcement is active. The Division's Special Investigations Unit petitions the Board for civil penalties of up to $1,000 for each employee for each day without coverage, and violating a stop work order carries a mandatory $1,000 a day plus a three-year bar from state and municipal public contracts (AS 23.30.080). An uninsured employer also loses its common-law defenses and faces a presumption of negligence in a civil suit. On conviction, the fine is $10,000 with up to a year in jail, and the corporate officers with authority to buy coverage become personally liable for the benefits (AS 23.30.075).

The independent contractor test in AS 23.30.230(a)(12) is strict: an express contract, freedom from direction and control, the contractor's own tools and licenses, IRS filings, and at least two more indicators. Treat a 1099 as a starting point, not an answer; independent contractors and workers' comp: the misclassification risk explains how premium auditors look at it.

Alaska has no state fund. Employers buy from admitted carriers or, if declined, from the assigned risk pool administered by NCCI (800-622-4123); see assigned risk and residual markets for workers' comp. NCCI is the licensed rating organization. It proposed a 3.7% decrease in voluntary loss costs for January 1, 2026 (NCCI) and, in an August 25, 2026 filing, a further 7.3% decrease for January 1, 2027 (NCCI). For contractors working on vessels or docks, federal USL&H coverage coverage and maritime law can apply instead of or alongside state comp; commercial fishermen are outside the Act entirely, and crew injury claims generally run under the Jones Act.

Disability and paid leave mandates

Alaska has no state temporary disability insurance and no paid family and medical leave program in 2026. Voter-approved paid sick leave took effect July 1, 2025 (AS 23.10.066): employees accrue one hour per 30 hours worked, usable up to 56 hours a year at employers with 15 or more employees and 40 hours at smaller employers. Unused leave carries over, and employers must give written notice of the benefit. Wage replacement for longer illnesses remains a voluntary benefit; see group short- and long-term disability insurance for employers and state disability and paid family leave programs: every mandate in 2026.

Commercial auto requirements

Alaska's minimum liability limits are $50,000 per person and $100,000 per accident for bodily injury and $25,000 for property damage (AS 28.22.101), higher than many states but still thin for a commercial vehicle. Interstate for-hire carriers of general freight need $750,000 under federal rules, more for hazardous materials; see FMCSA insurance requirements and filings for motor carriers. For what a business auto policy covers, start with commercial auto insurance: what it covers and what it leaves out.

The business insurance market in Alaska

Earthquake is the defining catastrophe exposure. The Alaska Earthquake Center reports that 75% of U.S. earthquakes larger than magnitude 5 happen in Alaska, and the 1964 magnitude 9.2 Good Friday earthquake is the second-largest ever recorded. Standard commercial property forms exclude earth movement, so earthquake has to be added by endorsement or bought as a difference in conditions policy; see earthquake insurance for businesses: coverage, deductibles, limits. Flood is also excluded from standard property forms, and NFIP commercial limits stop at $500,000 for the building and $500,000 for contents.

Surplus lines brokers collect and remit a 2.7% tax on net premium, and the tax may not be absorbed or rebated (AS 21.34.180). See surplus lines taxes, stamping fees and diligent search.

Liability law that affects premiums

Alaska uses pure comparative fault: a claimant's own fault reduces the award proportionately "but does not bar recovery" (AS 09.17.060). Judgment is entered on several liability in proportion to each party's fault (AS 09.17.080), so a deep-pocket defendant is not left paying a broke co-defendant's share.

Damages are capped. Noneconomic damages for personal injury or wrongful death are limited to the greater of $400,000 or $8,000 times life expectancy, rising to the greater of $1 million or $25,000 times life expectancy for severe permanent impairment or disfigurement (AS 09.17.010). Punitive damages are limited to the greater of three times compensatory damages or $500,000, or up to $7 million where the conduct was motivated by financial gain, and half of any punitive award goes to the state (AS 09.17.020). Punitive damages in employment discrimination cases are capped from $200,000 to $500,000 by employer size, which matters when setting employment practices liability limits.

Deadlines: two years for personal injury and for damage to personal property (AS 09.10.070), six years for trespass to real property, and three years for contract actions (AS 09.10.053).

Where to get help

  • Alaska Division of Insurance (insurance.alaska.gov): Anchorage 907-269-7900, toll-free 800-467-8725, Juneau 907-465-2515; email [email protected]. It licenses insurers and agents and takes consumer complaints about carriers and producers.
  • Alaska Division of Workers' Compensation (labor.alaska.gov/wc): toll-free 877-783-4980. Coverage questions go to the Special Investigations Unit at 907-269-4002; the fraud hotline is 888-372-8330. The Division also runs an online employer coverage verification service.
  • NCCI (800-622-4123) for the assigned risk pool, through your agent.

Rules change. Check your obligations with the agency or a licensed broker, and compare states in the workers' comp and benefits requirements by state.

Sources

  1. labor.alaska.gov/wc/
  2. labor.alaska.gov/wc/er-profit.html
  3. akleg.gov/basis/statutes.asp#23.30.075
  4. akleg.gov/basis/statutes.asp#23.30.080
  5. akleg.gov/basis/statutes.asp#23.30.230
  6. akleg.gov/basis/statutes.asp#23.30.239
  7. akleg.gov/basis/statutes.asp#23.30.240
  8. ncci.com/Articles/Documents/II_StateAdvisoryForumState_AK_2025.pdf
  9. ncci.com/Articles/Documents/II_StateAdvisoryForumState_AK_2026.pdf
  10. akleg.gov/basis/statutes.asp#23.10.066
  11. akleg.gov/basis/statutes.asp#28.22.101
  12. akleg.gov/basis/statutes.asp#09.17.060
  13. akleg.gov/basis/statutes.asp#09.17.080
  14. akleg.gov/basis/statutes.asp#09.17.010
  15. akleg.gov/basis/statutes.asp#09.17.020
  16. akleg.gov/basis/statutes.asp#09.10.070
  17. akleg.gov/basis/statutes.asp#09.10.053
  18. akleg.gov/basis/statutes.asp#21.34.180
  19. earthquake.alaska.edu/earthquakes/about
  20. content.naic.org/sites/default/files/publication-ins-ou-insurance-directory.pdf
  21. floodsmart.gov/get-insured/buy-a-policy

Requirements were checked against these sources on the review date below. Laws and thresholds change - confirm with the state workers' compensation agency or insurance department.

Profile last reviewed October 10, 2026

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