A New Hampshire workers comp exemption lets certain business owners legally go without workers’ compensation coverage on themselves — Sole proprietors, partners and self-employed people with no employees don’t have to cover themselves, but they may choose to buy coverage. A corporation or LLC with 3 or fewer executive officers or LLC members and no other employees doesn’t need coverage.
Once it has a 4th officer or member, coverage is required. A covered corporation or LLC may exclude up to 3 executive officers or members under RSA 281-A:18-a. Excluded officers or members who work on-site at a construction site are not excluded. No ownership-percentage requirement was found in the sources. — while the law still requires coverage for employees once a business has 1 or more.
This guide explains who qualifies for the New Hampshire workers comp exemption, the exact form, where to file it, what it costs, and what an exempt owner gives up. Verified against New Hampshire sources as of October 2026.
New Hampshire at a Glance
| Coverage required at | 1 employee(s) |
| Who may elect out | Sole proprietors, partners and self-employed people with no employees don’t have to cover themselves, but they may choose to buy coverage. A corporation or LLC with 3 or fewer executive officers or LLC members and no other employees doesn’t need coverage. Once it has a 4th officer or member, coverage is required. A covered corporation or LLC may exclude up to 3 executive officers or members under RSA 281-A:18-a. Excluded officers or members who work on-site at a construction site are not excluded. No ownership-percentage requirement was found in the sources. |
| Exemption form | “Exclusion of Executive Officers or Members,” Form 6WCex (current version 08/2026, under Lab 306.05 as amended effective 8-28-26) |
| Filed with | The insurance carrier, or NCCI on the carrier’s behalf, files it with the NH Department of Labor, Workers’ Compensation Division (95 Pleasant Street, Concord, NH 03301). Employers can’t file it themselves; only carriers can get the form from the department. The employer gives its agent each officer’s or member’s name, date of birth, address and title. The exclusion is valid only if a “Notice of Workers Compensation Insurance Coverage” Form 6WC is already on file for the same employer. The carrier sends a copy of the 6WCex by certified mail to each excluded officer or member. Coverage Unit: 603-271-2563, [email protected]. https://www.dol.nh.gov/workers-compensation/insurance-carriers |
| Filing fee | $NONE (the sources show no state fee; the carrier files it as part of the policy. Confirm with your carrier.) |
| Penalty for being uninsured | Under RSA 281-A:7, a civil penalty of up to 2500, plus up to 100 per employee for each day without coverage. Penalties run from the first day of the violation, for up to 1 year. The commissioner may also ask the superior court to stop the employer from doing business in NH until it complies. An employer or corporate officer who purposely fails to secure coverage commits a class B felony. The employer is also liable for injured employees’ claims. |
In This New Hampshire Guide:
Who Qualifies for A New Hampshire Workers Comp Exemption
Sole proprietors, partners and self-employed people with no employees don’t have to cover themselves, but they may choose to buy coverage. A corporation or LLC with 3 or fewer executive officers or LLC members and no other employees doesn’t need coverage. Once it has a 4th officer or member, coverage is required. A covered corporation or LLC may exclude up to 3 executive officers or members under RSA 281-A:18-a.
Excluded officers or members who work on-site at a construction site are not excluded. No ownership-percentage requirement was found in the sources.
Under RSA 281-A:18-a, any corporation or LLC may exclude up to 3 executive officers or members from required coverage. The exclusion is valid only if it is properly filed with the Labor Commissioner. It does not apply to an officer or member who actively works on-site at a construction site. Officers and members who are excluded are not treated as uninsured employees of a subcontractor under RSA 281-A:18.
Partners with no employees don’t have to cover themselves but may choose to (NH DOL FAQ). LLC members follow the same rule as corporate officers under RSA 281-A:18-a: up to 3 members may be excluded, except members doing on-site construction work. An LLC with 3 or fewer members and no other employees doesn’t need coverage. A 4th member triggers required coverage.
How to File the New Hampshire Workers Comp Exemption
The form is “Exclusion of Executive Officers or Members,” Form 6WCex (current version 08/2026, under Lab 306.05 as amended effective 8-28-26). It is filed with The insurance carrier, or NCCI on the carrier’s behalf, files it with the NH Department of Labor, Workers’ Compensation Division (95 Pleasant Street, Concord, NH 03301). Employers can’t file it themselves; only carriers can get the form from the department.
The employer gives its agent each officer’s or member’s name, date of birth, address and title. The exclusion is valid only if a “Notice of Workers Compensation Insurance Coverage” Form 6WC is already on file for the same employer. The carrier sends a copy of the 6WCex by certified mail to each excluded officer or member. Coverage Unit: 603-271-2563, [email protected]. https://www.dol.nh.gov/workers-compensation/insurance-carriers.
The fee is $NONE (the sources show no state fee; the carrier files it as part of the policy. Confirm with your carrier.). Filing on the state’s own site costs nothing beyond any statutory fee — the “exemption filing services” that advertise on this search charge for the same form.
New Hampshire Workers Comp Exemption Rules at a Glance
The exact New Hampshire workers comp exemption rules every owner should check before deciding to go without coverage:
| Employee threshold | 1 |
| Who may elect out | Sole proprietors, partners and self-employed people with no employees don’t have to cover themselves, but they may choose to buy coverage. A corporation or LLC with 3 or fewer executive officers or LLC members and no other employees doesn’t need coverage. Once it has a 4th officer or member, coverage is required. A covered corporation or LLC may exclude up to 3 executive officers or members under RSA 281-A:18-a. Excluded officers or members who work on-site at a construction site are not excluded. No ownership-percentage requirement was found in the sources. |
| Corporate officers | Under RSA 281-A:18-a, any corporation or LLC may exclude up to 3 executive officers or members from required coverage. The exclusion is valid only if it is properly filed with the Labor Commissioner. It does not apply to an officer or member who actively works on-site at a construction site. Officers and members who are excluded are not treated as uninsured employees of a subcontractor under RSA 281-A:18. |
| LLC members and partners | Partners with no employees don’t have to cover themselves but may choose to (NH DOL FAQ). LLC members follow the same rule as corporate officers under RSA 281-A:18-a: up to 3 members may be excluded, except members doing on-site construction work. An LLC with 3 or fewer members and no other employees doesn’t need coverage. A 4th member triggers required coverage. |
| Form | “Exclusion of Executive Officers or Members,” Form 6WCex (current version 08/2026, under Lab 306.05 as amended effective 8-28-26) |
| Where to file | The insurance carrier, or NCCI on the carrier’s behalf, files it with the NH Department of Labor, Workers’ Compensation Division (95 Pleasant Street, Concord, NH 03301). Employers can’t file it themselves; only carriers can get the form from the department. The employer gives its agent each officer’s or member’s name, date of birth, address and title. The exclusion is valid only if a “Notice of Workers Compensation Insurance Coverage” Form 6WC is already on file for the same employer. The carrier sends a copy of the 6WCex by certified mail to each excluded officer or member. Coverage Unit: 603-271-2563, [email protected]. https://www.dol.nh.gov/workers-compensation/insurance-carriers |
| Fee | $NONE (the sources show no state fee; the carrier files it as part of the policy. Confirm with your carrier.) |
| Proof of exemption or coverage | A certificate of insurance from the employer’s carrier. Anyone can also use the NH DOL’s free online coverage check (search by business name or FEIN), which uses policy data reported through NCCI: https://www.dol.nh.gov/workers-compensation/electronic-data-interchange-edi/proof-coverage. An excluded officer’s status shows on the Form 6WCex filed by the carrier. A general contractor may require a sole proprietor or partner subcontractor with no employees to carry coverage. Excluded officers and members are not treated as uninsured employees of a subcontractor (RSA 281-A:18-a). |
What A New Hampshire Workers Comp Exemption Gives Up
An exempt owner who is hurt on the job in New Hampshire has no workers’ comp claim: no medical coverage from the policy, no wage replacement and no disability award. Health insurance may exclude work injuries. Most owners who physically work the job keep themselves covered for that reason.
One honest paragraph on the “ghost policy”: a minimum-premium policy with no employees sold to owners who need a certificate of insurance. It is legal in many states, but it is not a New Hampshire workers comp exemption — it is coverage with nobody on it. If you add a worker, it must be reported, or the audit will find them.
Workers Exempt by Law in New Hampshire
Separate from the owner’s election, New Hampshire law exempts some classes of workers from coverage — commonly domestic workers below a threshold, casual labor, some farm labor and licensed real-estate agents paid by commission. A worker who does not fit a listed class counts toward the threshold, no matter what the 1099 says.
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
Proving A New Hampshire Workers Comp Exemption or Coverage
A certificate of insurance from the employer’s carrier. Anyone can also use the NH DOL’s free online coverage check (search by business name or FEIN), which uses policy data reported through NCCI: https://www.dol.nh.gov/workers-compensation/electronic-data-interchange-edi/proof-coverage. An excluded officer’s status shows on the Form 6WCex filed by the carrier. A general contractor may require a sole proprietor or partner subcontractor with no employees to carry coverage.
Excluded officers and members are not treated as uninsured employees of a subcontractor (RSA 281-A:18-a).
Why the New Hampshire Workers Comp Exemption Matters
The New Hampshire workers comp exemption is a trade: lower cost today against no safety net if you are hurt. The second half of the trade is the one the search results never lead with. The officer/member exclusion never covers someone who actively works on-site at a construction site. Officer and member exclusions require an active policy (Form 6WC on file), so they aren’t a way to go without coverage.
Carriers file the form; employers can’t file it directly. Rules updated effective 8-28-26 (Form 6WCex version 08/2026). Confirm details with the NH Department of Labor (603-271-3176 or 800-272-4353) and a licensed attorney. If the New Hampshire workers comp exemption rules above leave any doubt about whether a worker counts, ask the state agency before you decide — the answer is free, and the penalty for guessing wrong is not.
Employer side: the New Hampshire requirements guide covers the threshold, who counts and the penalties in full. Hurt while exempt? You may still have a claim against a third party — a licensed attorney can say.
Frequently Asked Questions
Who can file a workers comp exemption in New Hampshire?
Sole proprietors, partners and self-employed people with no employees don’t have to cover themselves, but they may choose to buy coverage. A corporation or LLC with 3 or fewer executive officers or LLC members and no other employees doesn’t need coverage. Once it has a 4th officer or member, coverage is required. A covered corporation or LLC may exclude up to 3 executive officers or members under RSA 281-A:18-a.
Excluded officers or members who work on-site at a construction site are not excluded. No ownership-percentage requirement was found in the sources.
What form is the New Hampshire workers comp exemption?
“Exclusion of Executive Officers or Members,” Form 6WCex (current version 08/2026, under Lab 306.05 as amended effective 8-28-26). File it on the state’s own site; filing services charge for the same form.
Can an exempt owner in New Hampshire still collect benefits if hurt?
No. An exemption removes the owner from coverage, so there is no claim for medical care or lost wages. That is the trade.
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://gc.nh.gov/rsa/html/xxiii/281-A/281-A-18-a.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This New Hampshire workers comp exemption guide was last verified against official New Hampshire sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
You May Also Like
More New Hampshire Workers’ Comp Guides
- How to File a New Hampshire Workers’ Comp Claim
- New Hampshire Workers’ Comp Settlements
- New Hampshire Workers’ Comp Requirements (Employers)
- 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.