Workers' comp and benefits requirements by state

How to use it

Choose a state from the first menu. The page fills with that state's rules, grouped under five headings. Choose a second state in "Compare with" and the layout switches to two columns, one state each. Pick the same state twice and you get the single-state view.

The rows, in the order they appear:

• Workers' compensation: who must carry it, the employee threshold, who can be excluded, any construction rule, the market, the state fund, the rating bureau, the penalty for going without, and the workers' comp agency with its phone and website.
• Disability and paid leave: state disability insurance and paid family and medical leave.
• Commercial auto: the state's minimum liability limits.
• Liability law: the negligence rule and the time limits to sue.
• Insurance regulator: the department, its consumer hotline and website, the surplus lines tax and the property insurer of last resort.

Under the table, a link opens that state's full guide. "All states at a glance" lists every state's workers' comp threshold, market, disability program and paid family leave in one table, so you can scan several states at once.

The math

None. This is a lookup, not a calculation. Each row is read from the front matter of the state guide on this site, so the tool and the guide always agree. The "market" row uses one of three labels: competitive private market, competitive with a state fund, or monopolistic state fund. A monopolistic state fund means you buy workers' comp from the state, not from a private insurer; see Monopolistic state funds: workers' comp in ND, OH, WA and WY.

Say you are opening a second shop across a state line. Select both states and compare the threshold row first. A rule of "one employee" in one state and "optional" in another tells you more about your obligations than any premium would.

Assumptions and limits

• Dated facts. Each state guide lists its sources and a review date, and the widget says to confirm with the agency. Thresholds, penalties and leave programs change by statute and by rule.
• A dash is not a zero. If a state guide does not carry a fact, the row shows a dash. It never fills in a guess.
• Where employees work matters. Which state's law applies can depend on where people work and where they were hired, and an employee who travels can create exposure in another state. This tool does not model that. Read employees in several states: other-states coverage and multistate workers' comp.
• Counting rules vary. States differ on whether part-time, seasonal and family-member workers count toward the threshold, and on which entity types can exclude owners.
• Texas is the exception most people ask about. The Texas Department of Insurance says private employers there may choose whether to carry workers' comp. Employers who opt out take on legal risk; see texas nonsubscribers: opting out of workers' comp.
• Auto minimums are floors. They are the state's minimum liability limits. Interstate for-hire carriers fall under federal minimums, and leases, lenders and customers often require more.
• Not covered: industry-specific rules, local licensing, or state tax treatment of leave programs.

For a decision that turns on the exact wording of a statute, call the state's workers' comp agency, using the phone number the tool shows, or ask an employment attorney. For a coverage question, ask a licensed broker. Related tools: the workers' comp premium calculator and the What business insurance do I need?.