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Key takeaways
- Florida construction: 1+ employee, and owners count unless exempt.
- Georgia: 3+ regular employees.
- Texas: most private employers may opt out as non-subscribers.
- Washington: coverage only through the state fund (L&I).
The rules at a glance
| State | When workers' comp is required | Source |
|---|---|---|
| California | All employers (Labor Code 3700); C-39 roofers even with no employees | DIR / CSLB |
| Texas | Most private employers may opt out as non-subscribers (notice rules apply) | TDI-DWC |
| Florida | Construction: 1 or more employees (owners count; officers may exempt) | FL CFO |
| Georgia | 3 or more regular employees | SBWC |
| New York | Virtually all employers | NY WCB |
| Washington | Through L&I state fund (monopolistic) | WA L&I |
California, in data
Source: CSLB License Master file, October 2026, 244,107 records.
Exempt licenses (119,454) report no employees; 4,178 records show no current workers' comp on file.
Check the license behind the policy
Insurers and clients look at your license status first. See what the state shows for you — free.
A special case: roofers
California C-39 roofing contractors must carry workers' comp even with no employees (BPC §7125).
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Before you hire your first employee
Workers' comp checklist
- Check your state's threshold
- Buy a policy or open a state-fund account (WA)
- Post required notices
- File any exemption you qualify for
- Update your license record