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JackJD, Lawyer
Category: Employment Law
Satisfied Customers: 535
Experience:  I've been in practice 30+ years, concentrating on employment law for 15 years. I enjoy helping people.
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Do you need Workers Compensation Insurance if you are self-employed

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Do you need Workers Compensation Insurance if you are self-employed and only have your spouse and yourself as employees?

JackJD :

Hello, my name is XXXXX XXXXX I can answer your question.

When you say your spouse is an employee, do you mean she gets a paycheck, withholding taxes and the whole lot? Or are you saying that she is a partner in the enterprise with you?

If she's an employee, you need Workers Comp insurance; if she's a partner, no. You do not need Workers Comp for yourself as the proprietor of the business.

If you are in the construction business, your general contractor may require that you have Workers Comp, quite apart from what the law requires. If that's what you mean by 'a contract,' then you may need it for that purpose. Keep in mind that, if you purchase Workers Comp for yourself and your wife, then you are insured if you have an injury.

Have I adequately answered your question, or do you have a follow up?


The corporation is an S Corp. Both myself and my spouse are employees in that we get paychecks, but are also the owners (partners?) of the company. The company is a computer engineering consultant with no dangerous physical situations.

JackJD :

The Alaska Division of Workers Compensation describes the exemption as "sole proprietors of a sole proprietorship or general partners of a partnership." This says to me that a corporation (even a chapter S corp) is required to have insurance for its employees.

For office workers such as yourselves, the insurance is less expensive.

JackJD and 5 other Employment Law Specialists are ready to help you
Hello, Joyce, I'm just following up to see if you have worked out your workers comp. insurance issue?
- Jack

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