State
Minnesota business insurance requirements
Minnesota business insurance rules: workers' comp from the first employee, a 0.88% Paid Leave premium since 2026, six-year injury claims, 30/60/10 auto.
Workers' compensation
| Who must carry it | Required for every employer liable under the Workers' Compensation Act, through an authorized carrier or a self-insurance order from the commissioner of commerce (Minn. Stat. 176.181, subd. 2); business licenses and permits require proof of coverage (176.182) |
|---|---|
| Employee threshold | 1 employee |
| Who can be excluded | Sole proprietors and partners and their spouses, parents and children; executive officers owning at least 25% of a closely held corporation, and managers owning at least 25% of an LLC with ten or fewer members, if the business had under 22,880 hours of payroll the prior year; family farm workers; casual workers outside the usual business; household workers earning under $1,000 a quarter; qualifying independent contractors (Minn. Stat. 176.041, subd. 1); excluded owners may elect coverage (subd. 1a) |
| Construction rule | An individual doing building construction work in the course of another's business is that business's employee unless they operate as an independent business entity meeting every statutory test (Minn. Stat. 181.723); general and intermediate contractors owe comp to employees of an uninsured lower-tier sub (176.215) |
| Market | Competitive private market |
| State fund | No state fund; the Minnesota Workers' Compensation Assigned Risk Plan, administered under the commissioner of commerce, covers employers the voluntary market declines (Minn. Stat. 79.251) |
| Rating bureau | MWCIA (Minnesota Workers' Compensation Insurers Association) |
| Penalty for not carrying it | Penalty of up to $1,000 per employee for each week without coverage, with controlling owners and officers treated as the employer (Minn. Stat. 176.181, subd. 3); willful failure is a gross misdemeanor (subd. 4); if the Special Compensation Fund pays an injured worker, the employer owes the benefits plus a 65% penalty (176.183) |
| Workers' comp agency | Minnesota Department of Labor and Industry, Workers' Compensation Division |
| Agency phone | 800-342-5354 |
| Agency website | dli.mn.gov/business/workers-compensation… |
Employee benefit mandates
| State disability insurance | No state mandate |
|---|---|
| Paid family and medical leave | Minnesota Paid Leave (Minn. Stat. ch. 268B); premiums from January 1, 2026 at 0.88% of wages up to $185,000 (0.27% family, 0.61% medical) for 2026 and 2027, or 0.66% for small employers (30 or fewer employees and average wages under 150% of the state average); employers may collect up to 0.44% from employees; up to 12 weeks of family or medical leave, or 20 weeks combined, in a benefit year |
Commercial auto
| Minimum liability limits | 30/60/10 ($30,000 per person and $60,000 per accident for bodily injury, $10,000 property damage), plus uninsured and underinsured motorist coverage of 25/50 (Minn. Stat. 65B.49) and $40,000 of no-fault personal injury protection (65B.44); FMCSA limits apply to interstate motor carriers |
|---|
Liability law
| Negligence rule | Modified comparative fault with a 51% bar measured against each defendant: a plaintiff recovers only if their fault is not greater than the fault of the defendant they are suing, with damages reduced by their share (Minn. Stat. 604.01); a defendant more than 50% at fault is jointly and severally liable (604.02) |
|---|---|
| Time limits to sue | Personal injury from negligence, injury to personal property and contracts 6 years (Minn. Stat. 541.05, subd. 1); product strict liability 4 years (subd. 2) |
Insurance regulator
| Insurance regulator | Minnesota Department of Commerce |
|---|---|
| Consumer hotline | 800-657-3602 |
| Website | mn.gov/commerce |
| Surplus lines tax | 3% of gross premiums less return premiums for Minnesota home-state insureds, imposed on the surplus lines broker (Minn. Stat. 297I.05, subd. 7, in effect in 2026), plus a Surplus Lines Association of Minnesota stamping fee of 0.04% of premium for transactions effective on or after October 1, 2016, paid semiannually (60A.2085, subd. 7; SLAM 2026 stamping fee report) |
| Property insurer of last resort | Minnesota FAIR Plan (established 1968), which writes small commercial as well as homeowners, renters, seasonal and farm property |
Laws that shape business insurance in Minnesota
- Construction worker misclassification rules, Minn. Stat. 181.723
- Construction anti-indemnity and limits on additional insured requirements, Minn. Stat. 337.02 and 337.05
- Six-year limitations period for negligence and contract claims, Minn. Stat. 541.05
- Fault compared defendant by defendant, Minn. Stat. 604.01
- Minnesota Paid Leave, Minn. Stat. ch. 268B
- 65% penalty on uninsured employers, Minn. Stat. 176.183
Minnesota requires workers' compensation from the first employee and fines employers by the week for every worker left uninsured. In 2026 it also became a paid leave state: Minnesota Paid Leave premiums started January 1, 2026, split between employers and employees. Liability exposure runs long here, because negligence and contract suits can be filed for six years, and construction contracts face strict limits on indemnity and additional insured requirements.
Workers' compensation requirements
"Every employer ... liable under this chapter to pay compensation shall insure payment of compensation" with an authorized carrier or get the commerce commissioner's permission to self-insure (Minn. Stat. 176.181, subd. 2). There is no small-employer threshold. Licensing agencies must withhold business licenses and permits until the applicant shows coverage (176.182).
The exclusions are detailed and worth reading closely. Sole proprietors, partners and their spouses, parents and children are outside the Act. So is an executive officer who owns at least 25% of a closely held corporation, or a manager owning at least 25% of an LLC with ten or fewer members, but only if the business logged fewer than 22,880 hours of payroll the year before, roughly eleven full-time workers. Family farm workers, casual workers outside the usual business, household workers earning under $1,000 a quarter and qualifying independent contractors are excluded too (176.041). Excluded owners can elect coverage. See can owners and officers exclude themselves from workers' comp?.
| Rule | Minnesota |
|---|---|
| Who must carry it | Every employer with one or more employees |
| Construction | Construction workers presumed employees unless an independent business; GCs owe comp to uninsured subs' workers |
| Exempt employment | Family farm workers; casual workers; household workers under $1,000 a quarter |
| Owner opt-outs | Sole proprietors and partners; 25% officers and LLC managers of small-payroll businesses |
| Penalty | Up to $1,000 per employee per week; gross misdemeanor if willful; 65% penalty on fund-paid benefits |
| State fund | None; Minnesota Workers' Compensation Assigned Risk Plan |
Construction has its own employee test. Anyone performing building construction or improvement services in the course of another's business is that business's employee, unless they operate as a separate business entity that meets every requirement in the statute, from owning or leasing their own tools to offering services to the public (Minn. Stat. 181.723). If a sub is uninsured, the general or intermediate contractor above it owes comp to the sub's injured workers (176.215). See independent contractors and workers' comp: the misclassification risk.
The penalties add up quickly. The Department can order an uninsured employer to comply and pay up to $1,000 per employee for each week it lacked coverage, and owners or officers who control the work are treated as the employer (176.181, subd. 3). Willful failure is a gross misdemeanor. If a worker is hurt, the Special Compensation Fund pays the claim and the employer must repay the benefits plus a penalty equal to 65% of them (176.183).
Minnesota has no state fund; employers that cannot find coverage go to the Assigned Risk Plan, which operates under the commissioner of commerce and is not a state agency (79.251). The Minnesota Workers' Compensation Insurers Association, not NCCI, publishes pure premiums. Its 2027 Ratemaking Report, approved by Commerce, sets an average pure premium change of -4.5% for January 1, 2027, and the Assigned Risk Plan's total premium falls 3.8% on the same date (MWCIA). For the coverage itself, see workers' compensation insurance: how it works and assigned risk and residual markets for workers' comp.
Disability and paid leave mandates
Minnesota has no state short-term disability program, but Minnesota Paid Leave now covers both family and medical leave. Premiums took effect January 1, 2026 (Minn. Stat. 268B.14). For 2026 and 2027 the rate is 0.88% of wages (0.27% family, 0.61% medical) on wages up to $185,000. Small employers, with 30 or fewer workers and average wages no more than 150% of the statewide average, pay 0.66%. Employers may collect up to 0.44% from employees and must pay the rest (Minnesota Paid Leave). Workers can take up to 12 weeks of family or medical leave, or 20 weeks if they qualify for both, in a benefit year (pl.mn.gov). Employers may substitute an approved private plan, often an insured product; see state disability and paid family leave programs: every mandate in 2026.
Commercial auto requirements
Every Minnesota policy must carry at least $30,000 per person and $60,000 per accident for bodily injury and $10,000 for property damage, plus uninsured and underinsured motorist coverage of $25,000 and $50,000 (Minn. Stat. 65B.49). Minnesota is a no-fault state: basic economic loss benefits are at least $40,000 per person, $20,000 for medical expense and $20,000 for income loss and related losses (65B.44). A $10,000 property damage limit is far below what one commercial vehicle crash can cost; most business accounts carry a $1 million combined single limit. Interstate carriers follow FMCSA insurance requirements and filings for motor carriers; see commercial auto insurance: what it covers and what it leaves out.
The business insurance market in Minnesota
Severe convective storms, flooding and hail drive property losses. FEMA declared major disasters for severe storms, straight-line winds, tornadoes and flooding that began May 8, 2022 (DR-4658) and for storms and flooding from June 16 to July 4, 2024 across 32 designated areas (DR-4797). Standard forms exclude flood; NFIP commercial policies top out at $500,000 building and $500,000 contents, and the program is authorized only through December 11, 2026 (FEMA).
The Minnesota FAIR Plan, established in 1968, writes small commercial property alongside homeowners, renters, seasonal and farm policies for applicants who were canceled, nonrenewed or declined in the standard market (MN FAIR Plan); see FAIR Plans and residual markets for commercial property. Surplus lines brokers pay a 3% tax on gross premiums less returns for Minnesota home-state insureds (Minn. Stat. 297I.05), and the insured also pays a stamping fee set by the Surplus Lines Association of Minnesota (60A.2085), 0.04% of premium for transactions effective on or after October 1, 2016 (SLAM 2026 stamping fee report). See surplus lines taxes, stamping fees and diligent search.
Liability law that affects premiums
Minnesota uses modified comparative fault with a twist: the plaintiff's fault is compared with each defendant's separately. A plaintiff recovers only if their fault "was not greater than the fault of the person against whom recovery is sought," and damages are reduced by their share (Minn. Stat. 604.01). Defendants generally pay in proportion to fault, but one found more than 50% at fault is jointly and severally liable for the whole award (604.02).
The limitations period is long. Negligence claims for personal injury, injury to personal property and contract claims all get six years; product strict liability claims get four (541.05). In construction, indemnity clauses are unenforceable except for injury or damage caused by the promisor's own fault (337.02), and a clause requiring a party to buy insurance covering another party's negligence is void, with carve-outs for workers' comp, builder's risk, bonds and controlled insurance programs (337.05). Read additional insured endorsements explained before signing a Minnesota subcontract.
Insurers based in Minnesota
- Federated Insurance runs its home office in Owatonna and wrote $3.16 billion in commercial lines in 2025 by NAIC data.
- Western National is headquartered in Edina and wrote $1.09 billion in commercial lines in 2025.
Where to get help
- Minnesota Department of Commerce (mn.gov/commerce): Consumer Services Center 651-539-1600 in the Twin Cities metro or 800-657-3602 in Greater Minnesota. It takes insurance complaints, regulates rates and oversees the Assigned Risk Plan.
- Department of Labor and Industry, Workers' Compensation Division (dli.mn.gov): 651-284-5032 or 800-342-5354, option 3. It enforces coverage, runs the Special Compensation Fund and offers dispute resolution.
- Minnesota Paid Leave (pl.mn.gov) for premium reporting, small employer status and private plan substitution.
Confirm your obligations with the agency or a licensed broker, and compare states with the workers' comp and benefits requirements by state.
Sources
- revisor.mn.gov/statutes/cite/176.181
- revisor.mn.gov/statutes/cite/176.182
- revisor.mn.gov/statutes/cite/176.183
- revisor.mn.gov/statutes/cite/176.041
- revisor.mn.gov/statutes/cite/176.215
- revisor.mn.gov/statutes/cite/181.723
- revisor.mn.gov/statutes/cite/79.251
- mwcia.org/
- stpublicprodcus1.blob.core.windows.net/cms/Default/PDF/NewsFeed/Circulars/Circular%2026-…
- stpublicprodcus1.blob.core.windows.net/cms/Default/PDF/NewsFeed/Circulars/Circular%2026-…
- dli.mn.gov/business/workers-compensation-businesses
- dli.mn.gov/about-department/about-dli/contact-us
- pl.mn.gov/
- pl.mn.gov/resources/premium-rate-and-contributions
- revisor.mn.gov/statutes/cite/268B.14
- revisor.mn.gov/statutes/cite/65B.49
- revisor.mn.gov/statutes/cite/65B.44
- revisor.mn.gov/statutes/cite/604.01
- revisor.mn.gov/statutes/cite/604.02
- revisor.mn.gov/statutes/cite/541.05
- revisor.mn.gov/statutes/cite/337.02
- revisor.mn.gov/statutes/cite/337.05
- revisor.mn.gov/statutes/cite/297I.05
- revisor.mn.gov/statutes/cite/60A.2085
- mnfairplan.org/
- mn.gov/commerce/
- mn.gov/commerce/insurance/about/
- fema.gov/disaster/4658
- fema.gov/disaster/4797
- floodsmart.gov/get-insured/buy-a-policy
- fema.gov/flood-insurance/rules-legislation/congressional-reauthorization
- mnsla.com/news/MN%20Stamping%20Fee%20Report%202026.pdf
- mn.gov/commerce/contact/
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 24, 2026