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Workers' Compensation Insurance
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Workers’ compensation insurance

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Workers' compensation insurance

Workers’ comp insurance covers medical costs for work injuries and illnesses. Almost every state requires employers to carry this policy.

Why do you need workers' compensation insurance?

Workers' compensation insurance is a safety net that helps your business and your employees recover from work injuries and illness. This includes everything from a minor injury to a broken bone from a fall.

While workers' comp laws differ by state, this policy is generally required as soon as a small business hires their first employee (or a certain number of employees), including part-time employees.

Workers' compensation benefits will take care of your injured workers by paying for their medical expenses, including medications, physical therapy, and doctor visits. And if the employee sues, it’ll cover those costs too.

If you don't purchase workers' compensation, you can find yourself paying out-of-pocket for costly medical bills and legal fees, which can financially devastate your small business. In addition, most states impose pricey penalty fees for noncompliance.

A workers’ compensation policy will cover any reasonable claim, regardless of who caused the accident or injury.

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Small businesses find workers' comp necessary for three reasons:

  • Required by state law
  • Pays for medical bills and partial wages when you or an employee is injured
  • Provides financial protection against employee lawsuits over a work injury

What does workers' compensation insurance cover?

Workers’ comp covers any on-the-job injuries, both in your office or anywhere else – including at employees’ homes. This policy ensures that you and injured employees get full medical care and return to work better than ever.

More specifically, workers' comp insurance provides coverage for:

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Emergency response to work accidents

If an employee at your small business is injured on the job, such as a window cleaner falling from a ladder and breaking their arm, workers' comp can cover the cost of immediate medical expenses, including ambulance rides and emergency room visits.

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Ongoing treatment for work injuries

Workers' compensation insurance can cover ongoing medical bills related to a work injury or occupational illness, such as long-term medical treatments. This could look like a graphic designer developing carpal tunnel over time. It also includes vocational rehabilitation services to help employees recover and get back to work. 

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Partial wages while an employee recovers

Sometimes a serious work-related injury or illness prevents an employee from doing their job. Workers' compensation insurance can pay the employee part of the wages they miss due to their inability to work.

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Lawsuits blaming the employer for an injury

The employer's liability insurance included in most workers' comp policies protects the owners of small businesses from lawsuits over work injuries or illnesses. This includes legal costs and settlements.

Many small companies don’t have the funds to weather an employee lawsuit. This is why a workers’ comp policy is a good investment even if your state doesn’t require coverage.

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Death benefits

If an employee suffers a fatal work-related injury, workers' compensation will pay death benefits. This includes funeral costs and financial support for surviving family members.

How much does workers’ compensation insurance cost?

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Workers' compensation policyholders pay on average $45 per month, or $542 a year, for coverage. Your exact cost may be more or less depending on your risks.

The cost of workers' compensation insurance is based on several factors, including:

  • How many employees you have
  • Your business location
  • Your claims history
  • Your policy limits and exclusions
  • Your payroll
  • Your industry and associated risk factors
  • Risk management and safety programs implemented
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Are you legally required to carry workers' comp insurance?

Most state laws require business owners to purchase workers’ comp as soon as they hire their first employee. Other states require coverage when a business has a certain number of employees. Some states allow businesses to self-insure or have other exemptions. Others give approval for small businesses to pay for workers' compensation claims out-of-pocket.

In Florida, for example, you’ll be required to carry this policy when you hire four or more employees. In Illinois, you'll need workers' comp even if your business has only one employee. Texas and South Dakota are the only states that don't require this coverage.

There are a few monopolistic states, including Wyoming, Washington, Ohio, and North Dakota. These states must purchase workers' comp through a dedicated state fund.

Make sure you know both the workers’ compensation laws in your state and your employees’ states. You can find this information on your state's department of labor or division of workers' compensation websites.

If you don’t comply with state workers’ comp requirements, you could face fines or even jail time.

Small businesses with no employees are often not required to carry workers' comp, but should consider it anyway to protect themselves against work-related accidents or injuries.

Do sole proprietors and independent contractors need workers’ compensation insurance?

Given the high cost of health care, sole proprietors, contractors, single member limited liability companies (LLCs), and subcontractors should consider carrying workers' comp coverage.

Many clients request or require 1099 contractors to carry their own workers' compensation policy. Having your own policy to protect against workers' comp claims can make you a more attractive option when pursuing contracts and bids.

The work you do every day, like typing, pointing and clicking, and even staring at your monitors, can cause health issues. Conditions like carpal tunnel syndrome, tendinitis, or chronic headaches can develop over months or years in a workplace environment. In addition, you're always at risk for unpredictable injuries from falls or slips.

Your health insurance might not cover injuries that are related to work, which would leave you responsible for hospital bills, medical provider costs, and related medical expenses. On top of that, you would miss out on lost wage replacement benefits that can help keep your business running while you recover. Workers' comp provides this key coverage.

Some states require single-person businesses and independent contractors in risky professions, including in the construction industry, to carry workers' comp for themselves even if they don't have employees. California is an example of a state that requires workers' compensation for all licensed contractors, even ones with no employees.

What isn't covered by workers' compensation insurance?

A workers' compensation policy protects your small business financially from workplace injuries and illnesses, but it doesn't cover all vulnerabilities associated with running a business.

To fully safeguard your small business, you should consider business insurance policies to protect against these common risks:

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Injuries or illnesses unrelated to work

For injuries or illnesses that aren’t related to work, health insurance can help pay for medical expenses, and disability insurance can help cover lost income.

Workers' compensation does have limitations and may not cover all incidents. For example, it will not cover injuries outside of work hours or at non-work locations, such as commuting off the clock.

It will also not cover any illnesses or injuries resulting from substance abuse or intoxication. Lastly, workers' comp does not cover any injury that is purposefully self-inflicted or sustained during illegal activity.

Learn the differences between workers’ comp, health, and disability insurance.

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Employee discrimination lawsuits

Employment practices liability insurance (EPLI) covers costs when an employee alleges harassment, discrimination, wrongful termination, or another violation of worker rights.

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Client, customer, or visitor injuries

General liability insurance pays for medical expenses and legal costs if someone other than an employee suffers an injury at your workplace.

Even though general liability isn't mandated by law, many clients and landlords may require this policy in order for you to secure a contract or lease.

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Business property damage

Commercial property insurance protects a company’s building and its contents from damage or loss.

You can combine your general liability insurance with commercial property coverage in a bundle called a business owner's policy (BOP). A BOP is usually less expensive than buying these two policies separately.

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Employee grievances against board members

Directors and officers (D&O) insurance protects a small business's board members and officers from employee lawsuits over grievances, including allegations of harassment or mismanaged funds.

A D&O insurance policy covers both legal costs and any resulting settlements.

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What other policies do small businesses need?

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General liability insurance

General liability insurance protects your business from the most common lawsuits brought by people outside your company. Many business owners are required to carry this policy.
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Business owner’s policy (BOP)

A business owner’s policy bundles general liability insurance with commercial property insurance. Many insurers offer small businesses a discount if they choose this policy.
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Errors and omissions insurance

Errors and omissions insurance (E&O), also called professional liability insurance, protects your business when a client sues over a mistake or oversight – whether or not it was your fault.
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Cyber liability insurance

Cyber liability insurance pays for legal expenses, credit monitoring services, and other recovery costs if a data breach or cyberattack affects your company or your clients.
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Commercial auto insurance

Commercial auto insurance can cover property damage and injuries if a company's vehicle is involved in an accident. It also covers vehicle theft and certain types of damage.
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Other frequently asked questions (FAQs) about workers' compensation insurance

Find answers to common questions about small business workers' compensation insurance.

How do you get a certificate of insurance?

TechInsurance is a trusted insurance expert for all small business owners, including contractors and limited liability companies (LLCs), with extensive knowledge of the IT sector. Our licensed insurance agents are available to answer your questions and help you find the coverage that's right for your business needs.

With TechInsurance, you can easily download a certificate of liability insurance for your small business, often on the same day you buy workers' compensation coverage or other types of insurance products.

This comes in handy for companies and consultants that need proof of insurance to sign a contract or a lease and don’t have time to call an insurance company for documentation. Clients and landlords may ask for a certificate of workers' compensation insurance or other types of business insurance to show you’re insured.

Does workers' compensation prevent employee lawsuits?

Workers’ compensation insurance helps employers avoid work injury lawsuits, since workers don’t have to take you to court to recover their medical costs and wages.

To prevent double-dipping and ensure a win-win for you and your employees, injured employees must agree not to sue your business when they accept workers’ comp benefits.

If your policy doesn’t pay out as much as injured employees want or think is fair, they can refuse their workers’ comp benefits and sue your business for personal injury instead. Luckily, workers’ comp policies usually include employer’s liability insurance to cover the cost of these lawsuits.

Businesses in monopolistic states that must purchase insurance through a state fund will need to purchase employers' liability separately. State fund policies don’t include employers' liability insurance, which leaves you vulnerable to employee lawsuits. To fill this gap in coverage, you can buy employer’s liability insurance from a private insurance carrier.

Workers’ comp is a no-fault system, meaning you don’t have to worry about who’s to blame when it comes to a work-related injury. Once a workers' compensation claim is approved, your worker will have their medical bills and disability benefits covered. And in exchange, they give up their right to sue you.

Learn more on how workers' compensation insurance works.

How can you reduce the risk of workplace injuries?

A safe workplace means less risk of employee injuries. Businesses that emphasize workplace safety are also less likely to make a claim on their policies. This helps keep the cost of workers’ compensation insurance coverage low.

There are simple steps you can take to reduce hazards and create a safe workplace:

  • Encourage your employees to stretch and take frequent breaks
  • Provide an ergonomic setup with good lighting to prevent repetitive stress injuries along with eye strain, headaches, and other common complaints
  • Avoid clutter by removing loose rugs and taping down wires

Even a minor mishap can lead to major medical expenses. That’s why it’s so important to take these precautions.

Learn more strategies on how to reduce liability claims against your business.

Can workers' compensation insurance provide coverage for fatal accidents?

The majority of workers' compensation policies cover fatalities and death benefits.

Workers' comp can help cover funeral costs and burial expenses, as well as financial assistance for the employee's family and dependents.

How does workers' compensation insurance differ from general liability and coverage?

Both policies deal with injuries, but cover different things.

General liability insurance covers injuries sustained by customers and third parties on your company property. Workers' compensation covers expenses for injuries sustained by employees of your company.

You may need both policies depending on your company's risks. Learn more about how general liability insurance compares to workers' comp.

How can I save money on workers' comp coverage?

There are several ways to save money on your workers' compensation insurance costs.

First, ensure you are properly classifying employees based on the type of work they do. Low-risk workers, such as office and desk-based employees, will likely save you money on workers' comp costs compared to employees with more risky job duties.

You can also consider a pay-as-you-go payment structure, which could save on both upfront and monthly costs. Pay-as-you-go workers' comp rates change monthly based on accurate, up-to-date payroll data. This can prevent you from paying higher rates than necessary.

A minimum premium workers ' compensation policy is commonly used by very small businesses with little or no payroll. While not a separate policy type, it applies when the calculated premium falls below the carrier's minimum. These policies are often purchased to satisfy a contract or licensing requirement, and they provide standard workers' compensation coverage despite the low payroll.

A ghost policy is also an option for some businesses in some states. It is not legal in all states, but a ghost policy can provide a workers' comp policy to fulfill a requirement without actually providing any coverage. This policy can only be purchased if the small business has zero employees. This policy will not actually pay out any claims or cover any work-related medical incidents.

Lastly, you can save money by pursuing safety programs and a good Experience Modification Rating to keep premiums low. This rating reflects your general company risks, previous claims and injuries, and the likelihood of future potential hazards.

Keep your workers' comp rates as low as possible by avoiding claims, maintaining a safe work environment, and ensuring your employees have the tools and training necessary to safely do their jobs.

Does workers' compensation coverage provide protection for employees who develop an occupational illness?

Occupational illnesses and diseases are covered by workers' comp. These illnesses include conditions related to workplace factors. This includes things like repetitive stress injuries from typing or respiratory illnesses from exposure to harmful chemicals.

Workers' compensation may provide coverage for other illnesses, including hepatitis or COVID. But this mostly applies to healthcare workers, such as nurses and caregivers, who face increased risks based on their job responsibilities. Whether your specific illness will be covered depends on your state's workers' compensation laws.

Sicknesses and illnesses contracted outside of work-related duties would not be covered by a workers' comp claim. For this, you'd need a personal health insurance policy.

Where can I learn more about workers' compensation insurance?

If you want to learn more about this policy, you can find additional answers in our frequently asked questions about workers' compensation insurance.

If there are any additional questions you have about coverage, you can also contact a TechInsurance agent.