Workers’ compensation for small employers

How workers’ comp works, what drives your premium, and how accurate payroll and time records make audits and claims easier.

In shortWorkers’ compensation is state-mandated insurance that pays medical costs and part of lost wages for employees injured or made ill by their work, usually in exchange for limits on lawsuits against the employer. Almost every state requires employers with employees to carry it, with some exceptions for very small businesses and certain industries, and Texas allows most private employers to opt out. Premiums are mainly based on payroll by job classification and your claims history.

How workers’ comp works

Each state runs its own workers’ compensation system. Employers buy a policy from a private insurer, a state fund where one exists, or self-insure if eligible. When an employee is injured on the job, the policy covers medical treatment and a portion of lost wages, and may cover rehabilitation and other benefits. In most states, workers’ comp is the employee’s main remedy against the employer for workplace injuries.

Who needs coverage

Requirements are set by each state. Common variations include:

Misclassifying employees as contractors does not avoid the requirement and can create serious liability; see our guide to independent contractor vs. employee. Check your state agency’s rules before you hire your first employee.

How premiums are calculated

Premiums are usually built from three parts:

Main premium factors
Factor What it means
Classification codes Each type of work has a code and a rate per $100 of payroll, reflecting how risky the work is
Payroll Remuneration paid to employees in each classification
Experience modification A factor based on your past claims compared with similar businesses, once you have enough history

In simple terms: premium is roughly (payroll / 100) x class rate x experience modification, plus fees and adjustments. For example (fictional), $200,000 of payroll in a class with a rate of $2.00 per $100 would mean a base premium of about $4,000 before modifications. Real rates vary widely by state, insurer and class.

Payroll audits and class codes

Because premiums depend on payroll, insurers usually estimate premium at the start of the policy and audit actual payroll at the end. If payroll was higher, or more of it fell in higher-rated classes, you may owe more. If you have employees who do work in more than one classification, some states allow payroll to be split between codes only if you have accurate records showing hours in each type of work. Without records, all of the payroll may be assigned to the highest-rated class.

This is where time tracking pays off. If your time system records which job or task each hour was spent on, you can produce reports by classification for the audit. See our article on job costing time tracking.

When an employee is injured

  1. Make sure the employee gets appropriate medical care first.
  2. Record what happened while details are fresh, using an incident report.
  3. Report the injury to your insurer within the time your state and policy require.
  4. Report serious incidents to OSHA when required: work-related fatalities within 8 hours, and inpatient hospitalizations, amputations and loss of an eye within 24 hours.
  5. Keep OSHA injury and illness records if your business is required to, which depends on size and industry.
  6. Stay in touch with the employee and plan a safe return, including transitional duty where appropriate.

Common mistakes

Ways to manage costs

Questions to ask your insurer or broker

Workers’ comp in your labor cost

Workers’ comp is part of the full cost of employing someone, along with wages, payroll taxes and benefits. Include it when you calculate labor cost or the cost of hiring. Our labor burden calculator helps put the pieces together.

How EZTime helps

EZTime records hours for every employee, and can track time by job or task, which makes it easier to show payroll by type of work at audit time. Approved hours export to payroll, and digital forms help keep incident reports and safety records organized. Coverage, classification and claim decisions stay with you, your insurer and your advisors.

Frequently asked questions

Is workers’ compensation required?

In almost every state, yes, once you have employees, though thresholds and exemptions vary. Texas allows most private employers to opt out.

How is the premium calculated?

Mainly from payroll in each job classification, the rate for each class and your experience modification, plus fees and adjustments.

What is a workers’ comp audit?

A review by the insurer, usually after the policy period, comparing estimated payroll with actual payroll by classification.

Do independent contractors need to be covered?

Genuine contractors are generally not covered by your policy, but misclassified workers may be treated as employees, and uninsured subcontractors can affect your premium.

Does workers’ comp cover remote employees?

Generally yes, for injuries that arise out of and in the course of employment, but the details depend on state law and the facts.

How can time tracking help with workers’ comp?

Records of hours by job or task can support splitting payroll between classifications at audit time, where your state allows it.

Where to go next

Keep reading

Hand payroll clean hours

Approved hours leave EZTime as payroll-ready Excel or PDF reports for whoever runs your payroll.

Disclaimer: This guide is general information only and is not legal or insurance advice. Workers’ compensation rules are set by each state and change over time. Talk to your state agency, insurer or a qualified advisor about your situation. Numbers in the example are fictional.