How it works. Pick the state where your employees work, enter how many you have, and choose construction or another industry and your business type. You get whether coverage is required under that state's stated rule, in the agency's own words, with the official link.
Do I need workers' comp?
New York at a glance
- Who must carry it
- Virtually all employers must cover their employees (WCL sections 2 and 3). A corporation needs coverage once it has more than two officers or more than two shareholders.
"Virtually all employers in New York State must provide workers' compensation coverage for their employees (WCL §2 and 3)."
- Construction
- A worker injured while doing work for a contractor is presumed to be the contractor's employee, and construction has its own two-part independent contractor test.
"is presumed to be the employee of that contractor for the purposes of workers' compensation."
- Owners and officers
- A sole proprietor with no employees doesn't need it; LLC members and partners aren't employees for this purpose. Each may cover themselves voluntarily. A one- or two-person corporation owned and run by those people needs no coverage.
"Workers' Compensation coverage is required if the corporation has more than two corporate officers or more than two shareholders."
- State fund
- No. Private insurers and approved self-insurance are the usual routes.
Add your number of employees above for an answer. Source: Is Workers' Compensation Coverage Required? (NY Workers' Compensation Board)
Reading the result
"Required" means the state's stated rule covers a business like yours. "Not required by the headcount rule" means you're under the number the agency gives; it doesn't stop you buying a policy, and a client may still ask for a certificate of insurance. "Depends" means the trigger is payroll or industry rather than headcount, and "Not confirmed" means we couldn't find the rule on an official page, so we don't guess.
Employees who work in more than one state, out-of-state employers and leased or temporary staff can change which state's rule applies. For every state on one page, see workers' comp requirements by state.
General information, not legal or insurance advice; we are not lawyers or insurance agents. Checked November 2026 against the official pages linked in each result. Rules, exemptions and penalties change; the state agency, an attorney or a licensed insurance agent can tell you how a rule applies to one business. We don't recommend or sell any insurer.
Questions about the checker
Who counts as an employee for the checker?
Count everyone you pay through payroll, full-time or part-time, other than the owners. Most states on our list count part-time workers the same way, and several count family members too. Owners are handled separately by business type, because states treat sole proprietors, partners, LLC members and officers differently.
Why does construction change the answer?
Several states set a lower threshold for construction, often a single employee, and some require construction business owners to cover themselves. When a state has no separate construction rule on its pages, the checker uses the general rule and says so.
What does 'Required for most employers' mean?
Some agencies say most or almost all employers must carry coverage and list the exceptions elsewhere, usually narrow ones such as certain farm or household work. Unless an exception clearly fits, plan on needing coverage.
What if I'm under the threshold?
Coverage isn't required by that rule, but you can still buy it, a client or general contractor may demand a certificate of insurance, and an uninsured employer can be sued directly over an injury in some states. Michigan, Wisconsin and North Carolina also have second tests the checker points out.
Does the checker save what I enter?
No. The page reads your choices from the address bar, works out the answer and shows it. Nothing is stored, and it works without JavaScript.