Workers comp coverage required in New Hampshire
Mandatory for employers with one or more employees, full-time or part-time. Verified 2026-05-09.
Who must carry workers comp in New Hampshire?
New Hampshire workers compensation coverage is required Mandatory for employers with one or more employees, full-time or part-time.
The threshold language matters: states write the rule slightly differently. Some count any worker, some count only W-2 employees, some count owners separately, some have industry-specific exemptions (agriculture, domestic service, casual labor). For a New Hampshire employer with a non-trivial workforce, the safest default is: assume coverage is required and confirm with the state department of insurance or a local agent.
How the threshold interacts with 1099s and subs
New Hampshire uses a multi-factor 'right to control' test to determine if a worker is an employee or independent contractor. General contractors are generally liable for the workers' compensation coverage of uninsured subcontractors and their employees.
Penalty for going without
Employers failing to carry workers' compensation insurance may face fines of up to $2,500 per day, stop-work orders, and personal liability for employee injuries. The financial penalty is usually a fraction of the human cost: an injured employee at an uncovered employer can sue directly under tort law instead of being limited to the workers comp benefit, exposing the owner to lost-wage damages, pain and suffering, and punitive damages without the corporate veil.
Related reading
FAQs
Who has to carry workers comp in New Hampshire?
Mandatory for employers with one or more employees, full-time or part-time.
When does the requirement kick in for a new New Hampshire employer?
The clock starts on the first day the first qualifying employee is on the books. New Hampshire does not have a grace period for new employers, so a policy needs to be bound on or before the first hire date. Some agents can issue same-day binders for low-risk class codes.
What is the penalty for not having workers comp in New Hampshire?
Employers failing to carry workers' compensation insurance may face fines of up to $2,500 per day, stop-work orders, and personal liability for employee injuries.
Do 1099 contractors trigger the coverage requirement in New Hampshire?
New Hampshire uses a multi-factor 'right to control' test to determine if a worker is an employee or independent contractor.
Are subcontractors counted toward the threshold in New Hampshire?
General contractors are generally liable for the workers' compensation coverage of uninsured subcontractors and their employees.
What happens if I am audited and found non-compliant in New Hampshire?
New Hampshire typically issues a stop-work order, assesses back premium for the period of non-coverage, and adds penalties on top. Specifically: Employers failing to carry workers' compensation insurance may face fines of up to $2,500 per day, stop-work orders, and personal liability for employee injuries. Severe or repeat violations can lead to criminal charges and personal liability for the business owner, separate from the corporate veil.