State

Vermont business insurance requirements

Vermont business insurance rules: comp from the first employee with stop-work orders, voluntary paid leave, 25/50/10 auto, the largest U.S. captive domicile.

Workers' comp required at1 employee
Workers' comp marketCompetitive private market
State disability insuranceNo state mandate
Paid family leaveNo mandatory state program; Vermont Family and Medical Leave Insurance (VT FMLI) is a voluntary program insured by The Hartford that private employers may buy, with an individual purchasing pool since July 1, 2025

Workers' compensation

Who must carry it Required for all employers with one or more employees; the Department of Labor calls coverage mandatory for all Vermont employers (21 V.S.A. 687)
Employee threshold 1 employee
Who can be excluded Sole proprietors and partners of unincorporated businesses who meet a six-part independence test with a written contract waiving coverage; corporations and LLCs may exclude up to four executive officers, managers or members with the Commissioner's approval; casual workers, farm workers of employers with payroll under $10,000 a year, resident family members and domestic workers are outside the act unless the employer opts in (21 V.S.A. 601(14))
Construction rule No separate threshold; the owner or operator of a business is the statutory employer of workers on its premises when an uninsured contractor stands between them (21 V.S.A. 601(3))
Market Competitive private market
State fund No state fund; the NCCI-administered assigned risk plan is the residual market
Rating bureau NCCI
Penalty for not carrying it Administrative penalty up to $100 a day for the first seven days without coverage and up to $150 a day after that; stop-work order with further penalties up to $250 a day and $250 per employee per day, up to three years' debarment from state contracts, and civil or criminal penalties for violating the order (21 V.S.A. 692)
Workers' comp agency Vermont Department of Labor, Workers' Compensation and Safety Division
Agency phone 802-828-2286
Agency website labor.vermont.gov/workers-compensation

Employee benefit mandates

State disability insurance No state mandate
Paid family and medical leave No mandatory state program; Vermont Family and Medical Leave Insurance (VT FMLI) is a voluntary program insured by The Hartford that private employers may buy, with an individual purchasing pool since July 1, 2025

Commercial auto

Minimum liability limits 25/50/10 ($25,000 per person and $50,000 per crash for bodily injury, $10,000 property damage), or $115,000 of self-insurance filed with the DMV (23 V.S.A. 800); FMCSA limits apply to interstate motor carriers

Liability law

Negligence rule Modified comparative negligence with a 51% bar: a plaintiff recovers if his or her negligence is not greater than the defendants' total (12 V.S.A. 1036)
Time limits to sue Personal injury and personal property damage 3 years (12 V.S.A. 512(4)-(5)); contracts and most other civil actions 6 years (12 V.S.A. 511)

Insurance regulator

Insurance regulator Vermont Department of Financial Regulation, Insurance Division
Consumer hotline 800-964-1784
Website dfr.vermont.gov
Surplus lines tax 3% premium receipts tax on gross premiums where Vermont is the insured's home state, collected from the insured by the broker and remitted quarterly to the Commissioner of Taxes; no stamping office (8 V.S.A. 5035, in effect in 2026)

Laws that shape business insurance in Vermont

  • Stop-work orders for uninsured employers, 21 V.S.A. 692
  • Written-contract test for excluding sole proprietors, 21 V.S.A. 601(14)(F)
  • Statutory employer rule, 21 V.S.A. 601(3)
  • 51% bar on recovery, 12 V.S.A. 1036
  • Captive insurance company law, 8 V.S.A. ch. 141

Vermont requires workers' compensation from the first employee, and it enforces the rule with stop-work orders rather than waiting for an injury. There is no state fund and no mandatory paid leave program, though the state sponsors a voluntary one. For larger businesses, Vermont matters for another reason: it is the biggest captive insurance domicile in the United States.

Workers' compensation requirements

The Department of Labor's employer fact sheet opens with the rule: "Workers' compensation insurance is mandatory for all Vermont employers" (Vermont DOL). The exclusions sit in the definition of "employee" (21 V.S.A. 601(14)): casual work outside the employer's trade, farm work for an employer with an aggregate payroll under $10,000 a year, family members living in the employer's home, and domestic service in a private dwelling, each unless the employer opts in by buying a policy.

Owners are handled two ways. A sole proprietor or partner in an unincorporated business is not an employee of the business that hires it only if the individual passes a six-part independence test and signs a written contract stating that it has no employees, is working independently and has chosen not to buy comp. If that contractor turns out to have employees, they can claim against either party. A corporation or LLC may, with the Commissioner's approval, exclude up to four executive officers, managers or members. See can owners and officers exclude themselves from workers' comp? and independent contractors and workers' comp: the misclassification risk.

Rule Vermont
Who must carry it All employers with 1 or more employees
Construction No separate threshold; statutory employer rule for uninsured contractors
Exempt employment Casual, small-farm (under $10,000 payroll), resident family, domestic
Owner opt-outs Sole proprietors and partners by written contract; up to 4 officers or LLC members with approval
Penalty Up to $100 a day, then $150 a day; stop-work order and state-contract debarment
State fund None; NCCI assigned risk plan

Contractors should note the definition of "employer," which includes the owner or operator of a business who is not the direct employer of the workers there because an independent contractor stands in between (601(3)). In practice an uninsured sub's injured worker can look to the general contractor or owner. Get a certificate of insurance from every sub, and keep the signed independence contract for any sole proprietor who waives coverage.

Penalties escalate quickly (21 V.S.A. 692). After a hearing, an employer that failed to insure owes up to $100 a day for the first seven days and up to $150 a day after that. The Commissioner must also issue a stop-work order, posted at the work site, with added penalties of up to $250 a day plus up to $250 per employee per day until coverage is in place. Violating the order brings civil penalties up to $5,000 for a first violation and $10,000 after that, or a criminal fine, and an employer hit with a stop-work order can be barred from state contracts for up to three years.

Vermont has no state fund. Most employers buy from private carriers; those that cannot fall to the assigned risk plan, which NCCI administers through the National Workers Compensation Reinsurance Pool (NCCI, 2014). See workers' compensation insurance: how it works and assigned risk and residual markets for workers' comp.

Disability and paid leave mandates

Vermont has no state disability insurance mandate and no mandatory paid family and medical leave program. It does offer Vermont Family and Medical Leave Insurance, a voluntary program insured by The Hartford. Private employers may buy group coverage, and since July 1, 2025 workers whose employers do not offer it can buy through an individual purchasing pool. In August 2025 the administration reported more than 10,000 participants, about 1,800 of them at private businesses (VTDigger). Plan designs and rates come from the carrier, so ask your broker for a quote. See state disability and paid family leave programs: every mandate in 2026.

Commercial auto requirements

Every vehicle must carry liability of at least $25,000 per person and $50,000 per crash for bodily injury and $10,000 for property damage, or the owner must file $115,000 of self-insurance with the Commissioner of Motor Vehicles (23 V.S.A. 800). Contracts and lenders usually require far higher limits. Interstate for-hire carriers need at least $750,000 under federal rules. See commercial auto insurance: what it covers and what it leaves out and FMCSA insurance requirements and filings for motor carriers.

The business insurance market in Vermont

Inland flooding is the defining catastrophe. FEMA declared major disasters for the July 7, 2023 storms, flooding and landslides (DR-4720), for flooding that began July 9, 2024 (DR-4810), and again for storms from July 29, 2024 (DR-4826). Standard commercial property forms exclude flood. NFIP commercial policies top out at $500,000 building and $500,000 contents (FloodSmart), so many downtown businesses need excess flood and should review business income limits. See Commercial flood insurance: NFIP limits and private options.

Captives are Vermont's specialty. The Department of Financial Regulation reported 707 licensed captives at December 31, 2025, 677 of them active, with $36.3 billion of gross premium written in 2025 (unaudited) (DFR captive data). Minimum capital starts at $250,000 for a pure captive. A business considering its own insurer, a group captive or a risk retention group will likely look here first; see Captive domiciles compared: Vermont, Utah, Delaware and offshore and what is a captive insurance company and how does it work?.

Surplus lines premiums carry a 3% premium receipts tax when Vermont is the insured's home state. The broker collects it from the insured and remits it quarterly to the Commissioner of Taxes; there is no stamping fee (8 V.S.A. 5035). See surplus lines taxes, stamping fees and diligent search.

Liability law that affects premiums

Vermont uses modified comparative negligence. A plaintiff recovers if his or her negligence was "not greater than" the total negligence of the defendants, with damages reduced by the plaintiff's share (12 V.S.A. 1036). Personal injury suits must be filed within three years of discovering the injury and personal property damage claims within three years (12 V.S.A. 512); contract actions fall under the general six-year period (12 V.S.A. 511).

Where to get help

  • Department of Financial Regulation, Insurance Division (dfr.vermont.gov): consumer inquiries 802-828-3302 or toll free 800-964-1784. File a complaint against an insurer or agent through DFR's online consumer complaint form. The Captive Insurance Division answers licensing questions at [email protected].
  • Department of Labor, Workers' Compensation and Safety Division (labor.vermont.gov/workers-compensation): 802-828-2286. It verifies employer coverage, approves officer exclusions and takes reports of uninsured employers.

Confirm your obligations with the Department of Labor or a licensed broker, and compare states with the workers' comp and benefits requirements by state.

Sources

  1. labor.vermont.gov/workers-compensation
  2. labor.vermont.gov/sites/labor/files/doc_library/Fact%20Sheet%20For%20Employers.pdf
  3. labor.vermont.gov/workers%E2%80%99-compensation/contact-workers-compensation
  4. legislature.vermont.gov/statutes/section/21/009/00601
  5. legislature.vermont.gov/statutes/section/21/009/00692
  6. legislature.vermont.gov/statutes/section/23/011/00800
  7. legislature.vermont.gov/statutes/section/12/027/01036
  8. legislature.vermont.gov/statutes/section/12/023/00512
  9. legislature.vermont.gov/statutes/section/12/023/00511
  10. legislature.vermont.gov/statutes/section/08/138/05035
  11. dfr.vermont.gov/contact-us
  12. dfr.vermont.gov/captive-insurance
  13. dfr.vermont.gov/captive-insurance/vermont-captive-data
  14. vtdigger.org/2025/08/27/scott-administration-encourages-more-participation-in-vermonts-v…
  15. archive.legmt.gov/content/Committees/Interim/2013-2014/Economic-Affairs/Meetings/May-201…
  16. fema.gov/disaster/4720
  17. fema.gov/disaster/4810
  18. fema.gov/disaster/4826
  19. 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 11, 2026

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