New Hampshire workers comp requirements decide exactly when an employer must carry coverage, who counts toward the threshold, and the penalty for going without. This guide breaks down the New Hampshire workers comp requirements in plain English. (Injured instead of hiring? See our New Hampshire settlement and claim guides linked below.) All figures are from New Hampshire sources, verified as of June 2026.
New Hampshire at a Glance
| Required at | 1 employee(s) |
| Which workers count | Coverage is required as soon as an employer has any employee under RSA 281-A:5 — full-time, part-time, or seasonal all count, and the definition includes family members (spouse, son, daughter, parent); nonprofits are included. There is no separate construction-only trigger because coverage is already mandatory from the first employee statewide. |
| Who is exempt | Sole proprietors, partners, and self-employed persons are not required to cover themselves (may elect coverage). A corporation or LLC with 3 or fewer executive officers/LLC members and no other employees is not required to carry coverage (may elect). Qualifying independent contractors under RSA 281-A:2,VI (own FEIN and control over when/how work is done) are not covered employees. Once a 4th officer/member or any non-officer employee is added, coverage becomes mandatory. |
| Penalty for going without | Civil penalty of up to 2500 (one-time), plus up to 100 per employee for each day of noncompliance under RSA 281-A:7. The commissioner may also issue a stop-work order halting all business operations at the job site. An employer, individual, or corporate officer who purposely fails to secure payment of compensation is guilty of a class B felony; violating a stop-work order is a misdemeanor (natural person) or felony (any other entity). |
| Monopolistic state? | No — private carriers |
In This New Hampshire Guide:
Is Workers’ Comp Required in New Hampshire?
Yes — New Hampshire requires workers’ compensation coverage for every employer from the moment it hires its first employee, with no minimum-employee threshold.
New Hampshire Workers’ Comp Requirements at a Glance
Here are the exact New Hampshire workers comp requirements every employer should know:
| Employees that trigger the mandate | 1 |
| Which workers count | Coverage is required as soon as an employer has any employee under RSA 281-A:5 — full-time, part-time, or seasonal all count, and the definition includes family members (spouse, son, daughter, parent); nonprofits are included. There is no separate construction-only trigger because coverage is already mandatory from the first employee statewide. |
| Who is exempt | Sole proprietors, partners, and self-employed persons are not required to cover themselves (may elect coverage). A corporation or LLC with 3 or fewer executive officers/LLC members and no other employees is not required to carry coverage (may elect). Qualifying independent contractors under RSA 281-A:2,VI (own FEIN and control over when/how work is done) are not covered employees. Once a 4th officer/member or any non-officer employee is added, coverage becomes mandatory. |
| Owners & officers | Yes — sole proprietors and partners may exclude themselves but elect in if desired; corporations/LLCs with 3 or fewer officers/members and no other employees may stay exempt or elect coverage. However, officers/members performing hands-on construction work on-site are NOT exempt and must be covered regardless of company size. |
| Penalty for going without | Civil penalty of up to 2500 (one-time), plus up to 100 per employee for each day of noncompliance under RSA 281-A:7. The commissioner may also issue a stop-work order halting all business operations at the job site. An employer, individual, or corporate officer who purposely fails to secure payment of compensation is guilty of a class B felony; violating a stop-work order is a misdemeanor (natural person) or felony (any other entity). |
| Monopolistic state? | No — buy from private carriers |
How to Get Workers’ Comp Coverage in New Hampshire
Employers buy a policy from any private insurance carrier or licensed agent in the voluntary market; employers unable to obtain voluntary coverage use the New Hampshire assigned-risk residual market pool administered by NCCI (the state’s coverage of last resort). NCCI is also the NH Department of Labor’s designated agent for policy reporting.
Private market: YES
What Workers’ Comp Covers in New Hampshire
Workers’ compensation is a no-fault system: an injured employee gets benefits without having to prove the employer did anything wrong, and in exchange gives up the right to sue for most workplace injuries. A typical New Hampshire policy pays for medical treatment tied to a work injury, part of the wages lost while the worker recovers, longer-term disability benefits if the injury is permanent, and death benefits to a family.
It also includes employers-liability coverage, which protects the business if an injury still leads to a lawsuit.
Employees vs. Independent Contractors in New Hampshire
The most common way employers get the New Hampshire workers comp requirements wrong is by assuming a worker is an “independent contractor” who does not count. State agencies look at how the work is actually controlled, not the label on a 1099. If New Hampshire decides a contractor was really an employee, the business can owe back premiums and penalties as if coverage should have been in place all along.
When you are close to the employee threshold, confirm each worker’s status with your state board before you decide you are exempt.
Other New Hampshire workers’-comp rules: The “employee” definition expressly includes working family members (spouse, children, parents), so they must be covered like any other employee. Independent-contractor status is narrowly defined under RSA 281-A:2,VI (requires own federal EIN plus control over when and how work is performed) — failing the test makes the worker a covered employee.
Sole proprietors/partners working as uninsured subcontractors can be required by a general contractor to carry coverage. Construction officers/members working on-site cannot use the small-officer exemption. Employer contact: NH DOL at (603) 271-3175.
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Understanding New Hampshire Workers Comp Requirements
The New Hampshire workers comp requirements exist so injured employees get care and lost wages without having to sue. For most employers, the New Hampshire workers comp requirements come down to one number: the employee count that triggers the mandate, shown in the table above.
Once you hit that count, New Hampshire workers comp requirements apply whether you planned for them or not, and the penalty for going without is real. If any part of the New Hampshire workers comp requirements is unclear, your state board can confirm the threshold, the exemptions, and how to get covered.
Need to get covered? If you are an employer in New Hampshire shopping for a policy, our sister site compares small-business insurance, including workers’ comp. Compare business insurance options →
Frequently Asked Questions
Is workers’ comp required in New Hampshire?
Yes — New Hampshire requires workers’ compensation coverage for every employer from the moment it hires its first employee, with no minimum-employee threshold.
What is the penalty for not having workers’ comp in New Hampshire?
Civil penalty of up to 2500 (one-time), plus up to 100 per employee for each day of noncompliance under RSA 281-A:7. The commissioner may also issue a stop-work order halting all business operations at the job site.
An employer, individual, or corporate officer who purposely fails to secure payment of compensation is guilty of a class B felony; violating a stop-work order is a misdemeanor (natural person) or felony (any other entity).
Who is exempt from New Hampshire workers’ comp?
Sole proprietors, partners, and self-employed persons are not required to cover themselves (may elect coverage). A corporation or LLC with 3 or fewer executive officers/LLC members and no other employees is not required to carry coverage (may elect). Qualifying independent contractors under RSA 281-A:2,VI (own FEIN and control over when/how work is done) are not covered employees. Once a 4th officer/member or any non-officer employee is added, coverage becomes mandatory.
Official New Hampshire Sources & Resources
- New Hampshire New Hampshire Department of Labor, Workers’ Compensation Division: https://www.dol.nh.gov/workers-compensation
- New Hampshire Workers’ Comp Statute: https://www.gencourt.state.nh.us/rsa/html/xxiii/281-a/281-a-mrg.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
These New Hampshire workers comp requirements were last verified against official sources in June 2026. Rules and penalties change — confirm the current figure with your state workers’-comp board or a licensed agent.
More New Hampshire Workers’ Comp Guides
- New Hampshire Workers’ Comp Settlements
- How to File a New Hampshire Workers’ Comp Claim
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.