An Oklahoma workers comp exemption lets certain business owners legally go without workers’ compensation coverage on themselves — Under 85A O.S. §2, these people are not counted as “employees” unless they choose to be covered by a workers’ comp policy: sole proprietors; partners; people who are party to a franchise agreement under the FTC franchise disclosure rule; LLC members who own at least 10% of the LLC’s capital;
and corporate stockholder-employees who own 10% or more of the corporation’s stock.
The statute sets no limit on the number of officers. Any individual or business that is not required to carry coverage may also file an Affidavit of Exempt Status (85A O.S. §36; OAC 810:25-5-1) — while the law still requires coverage for employees once a business has 1 (an employer with 1 or more employees who count as “employees” under 85A O.S. §2 generally must carry coverage.
Family businesses are an exception: see exempt_workers) or more. This guide explains who qualifies for the Oklahoma workers comp exemption, the exact form, where to file it, what it costs, and what an exempt owner gives up. Verified against Oklahoma sources as of October 2026.
Oklahoma at a Glance
| Coverage required at | 1 (an employer with 1 or more employees who count as “employees” under 85A O.S. §2 generally must carry coverage. Family businesses are an exception: see exempt_workers) employee(s) |
| Who may elect out | Under 85A O.S. §2, these people are not counted as “employees” unless they choose to be covered by a workers’ comp policy: sole proprietors; partners; people who are party to a franchise agreement under the FTC franchise disclosure rule; LLC members who own at least 10% of the LLC’s capital; and corporate stockholder-employees who own 10% or more of the corporation’s stock. The statute sets no limit on the number of officers. Any individual or business that is not required to carry coverage may also file an Affidavit of Exempt Status (85A O.S. §36; OAC 810:25-5-1) |
| Exemption form | Affidavit of Exempt Status, CC-Form-36A. It was created in 2018 by SB 1249 and replaced the Certificate of Non-Coverage. To end an exemption early, file the Cancellation of Affidavit of Exempt Status, CC-Form-36C |
| Filed with | Oklahoma Workers’ Compensation Commission. File online through the Commission’s CaseOK system at https://www.wcc.ok.gov/ (the rule names www.ok.gov/wcc), or file an original and 1 copy in person or by mail at 1915 North Stiles Avenue, Oklahoma City, OK 73105. It is not filed with an insurer |
| Filing fee | $50 (nonrefundable, paid to the Commission; OAC 810:25-5-1. Secondary sources say checks are not accepted) |
| Renewal | The affidavit expires at midnight 2 years from the filing date unless it is cancelled earlier with CC-Form-36C. A new affidavit and fee are needed to stay exempt after that |
| Penalty for being uninsured | 85A O.S. §40: the Commission may fine an employer that fails to secure compensation up to 1000 per day of violation, capped at 50000 total for a first violation. The fine is paid to the Workers’ Compensation Commission Revolving Fund. The Commission serves a proposed judgment and can collect through asset hearings, wage garnishment, judgment liens or tax-refund intercepts. Under 85A O.S. §5, an injured employee of an uninsured employer may choose to claim compensation under the Act or to sue for damages in district court, because the exclusive-remedy protection does not apply |
In This Oklahoma Guide:
Who Qualifies for An Oklahoma Workers Comp Exemption
Under 85A O.S. §2, these people are not counted as “employees” unless they choose to be covered by a workers’ comp policy: sole proprietors; partners; people who are party to a franchise agreement under the FTC franchise disclosure rule; LLC members who own at least 10% of the LLC’s capital; and corporate stockholder-employees who own 10% or more of the corporation’s stock.
The statute sets no limit on the number of officers. Any individual or business that is not required to carry coverage may also file an Affidavit of Exempt Status (85A O.S. §36; OAC 810:25-5-1)
85A O.S. §2 (definition of “employee”): any stockholder-employee of a corporation who owns 10% or more of its stock is excluded from the definition of “employee” unless they elect to be covered by a workers’ comp insurance policy. Officers who own less than 10% remain employees and must be covered
85A O.S. §2: partners in a partnership are excluded in all cases. LLC members are excluded only if they own at least 10% of the LLC’s capital. Either group can opt in by electing coverage under a policy. LLC members who own less than 10% are treated as employees
How to File the Oklahoma Workers Comp Exemption
The form is Affidavit of Exempt Status, CC-Form-36A. It was created in 2018 by SB 1249 and replaced the Certificate of Non-Coverage. To end an exemption early, file the Cancellation of Affidavit of Exempt Status, CC-Form-36C. It is filed with Oklahoma Workers’ Compensation Commission.
File online through the Commission’s CaseOK system at https://www.wcc.ok.gov/ (the rule names www.ok.gov/wcc), or file an original and 1 copy in person or by mail at 1915 North Stiles Avenue, Oklahoma City, OK 73105. It is not filed with an insurer. The fee is $50 (nonrefundable, paid to the Commission; OAC 810:25-5-1. Secondary sources say checks are not accepted).
Renewal: The affidavit expires at midnight 2 years from the filing date unless it is cancelled earlier with CC-Form-36C. A new affidavit and fee are needed to stay exempt after that. 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.
Oklahoma Workers Comp Exemption Rules at a Glance
The exact Oklahoma workers comp exemption rules every owner should check before deciding to go without coverage:
| Employee threshold | 1 (an employer with 1 or more employees who count as “employees” under 85A O.S. §2 generally must carry coverage. Family businesses are an exception: see exempt_workers) |
| Who may elect out | Under 85A O.S. §2, these people are not counted as “employees” unless they choose to be covered by a workers’ comp policy: sole proprietors; partners; people who are party to a franchise agreement under the FTC franchise disclosure rule; LLC members who own at least 10% of the LLC’s capital; and corporate stockholder-employees who own 10% or more of the corporation’s stock. The statute sets no limit on the number of officers. Any individual or business that is not required to carry coverage may also file an Affidavit of Exempt Status (85A O.S. §36; OAC 810:25-5-1) |
| Corporate officers | 85A O.S. §2 (definition of “employee”): any stockholder-employee of a corporation who owns 10% or more of its stock is excluded from the definition of “employee” unless they elect to be covered by a workers’ comp insurance policy. Officers who own less than 10% remain employees and must be covered |
| LLC members and partners | 85A O.S. §2: partners in a partnership are excluded in all cases. LLC members are excluded only if they own at least 10% of the LLC’s capital. Either group can opt in by electing coverage under a policy. LLC members who own less than 10% are treated as employees |
| Workers exempt by law | Excluded from “employee” under 85A O.S. §2: (1) casual workers whose work is outside the employer’s usual trade or business; (2) agricultural, ranching or horticultural workers whose employer had less than 100000 in gross annual payroll for those workers in the previous calendar year, or who do not operate motorized machines; (3) domestic servants and casual workers in a private home whose household had less than 50000 in gross annual payroll for those workers in the previous calendar year; (4) licensed real estate sales associates and brokers paid on commission; (5) workers for an employer with 5 or fewer total employees, all related to the employer within the second degree by blood or marriage and/or dependents living in the employer’s household (if the employer is not a natural person, the relationship is measured to someone who owns 50% or more of the employer); (6) employees of a youth sports league that is tax-exempt under federal law; (7) people required to work for a city, county, the state or the federal government after a criminal conviction or while incarcerated; (8) independent contractors, meaning people who do the work in their own manner and method, free from the hiring party’s control |
| Form | Affidavit of Exempt Status, CC-Form-36A. It was created in 2018 by SB 1249 and replaced the Certificate of Non-Coverage. To end an exemption early, file the Cancellation of Affidavit of Exempt Status, CC-Form-36C |
| Where to file | Oklahoma Workers’ Compensation Commission. File online through the Commission’s CaseOK system at https://www.wcc.ok.gov/ (the rule names www.ok.gov/wcc), or file an original and 1 copy in person or by mail at 1915 North Stiles Avenue, Oklahoma City, OK 73105. It is not filed with an insurer |
| Fee | $50 (nonrefundable, paid to the Commission; OAC 810:25-5-1. Secondary sources say checks are not accepted) |
| Renewal | The affidavit expires at midnight 2 years from the filing date unless it is cancelled earlier with CC-Form-36C. A new affidavit and fee are needed to stay exempt after that |
| Proof of exemption or coverage | Insured employers give a certificate of insurance. Exempt individuals or businesses give their filed and approved Affidavit of Exempt Status (CC-Form-36A), which a general contractor or client can keep to rely on the §36 presumption. Anyone can check coverage for free by business name or FEIN through the NCCI-powered Proof of Coverage search linked from the Oklahoma Workers’ Compensation Commission site (https://www.wcc.ok.gov/) |
What An Oklahoma Workers Comp Exemption Gives Up
The person who signs the affidavit states that they do not want workers’ comp coverage and understand they are not eligible for Oklahoma workers’ comp benefits. Under 85A O.S. §36, the affidavit creates a rebuttable presumption that the signer is not an employee, and a business holding the affidavit is presumed compliant and not responsible for workers’ comp claims by the signer.
The presumption can be overcome: if the facts show the signer was really an employee, a claim may still be possible. Knowingly giving false information on the affidavit is a misdemeanor with a fine of up to 1000. Confirm with the Commission and a licensed attorney
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 an Oklahoma 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 Oklahoma
Excluded from “employee” under 85A O.S. §2: (1) casual workers whose work is outside the employer’s usual trade or business; (2) agricultural, ranching or horticultural workers whose employer had less than 100000 in gross annual payroll for those workers in the previous calendar year, or who do not operate motorized machines;
(3) domestic servants and casual workers in a private home whose household had less than 50000 in gross annual payroll for those workers in the previous calendar year; (4) licensed real estate sales associates and brokers paid on commission; (5) workers for an employer with 5 or fewer total employees,
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all related to the employer within the second degree by blood or marriage and/or dependents living in the employer’s household (if the employer is not a natural person, the relationship is measured to someone who owns 50% or more of the employer); (6) employees of a youth sports league that is tax-exempt under federal law; (7) people required to work for a city, county,
the state or the federal government after a criminal conviction or while incarcerated; (8) independent contractors, meaning people who do the work in their own manner and method, free from the hiring party’s control
Proving An Oklahoma Workers Comp Exemption or Coverage
Insured employers give a certificate of insurance. Exempt individuals or businesses give their filed and approved Affidavit of Exempt Status (CC-Form-36A), which a general contractor or client can keep to rely on the §36 presumption. Anyone can check coverage for free by business name or FEIN through the NCCI-powered Proof of Coverage search linked from the Oklahoma Workers’ Compensation Commission site (https://www.wcc.ok.gov/)
Why the Oklahoma Workers Comp Exemption Matters
The Oklahoma 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. (1) The affidavit is the only formal state exemption filing and is available to any individual or business not required to carry coverage, not just owners.
(2) Signing it does not by itself make a worker an independent contractor; Oklahoma’s control test still applies. (3) Franchisees under the FTC franchise rule are excluded the same way owners are. (4) Owners excluded under §2 can opt back in by electing coverage on a policy. (5) CompSource Oklahoma takes questions about exemptions for domestic servants, trucking owner-operators and similar cases at 405-232-7663 ext. 5102.
Confirm current details with the Commission and a licensed attorney If the Oklahoma 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 Oklahoma 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 Oklahoma?
Under 85A O.S. §2, these people are not counted as “employees” unless they choose to be covered by a workers’ comp policy: sole proprietors; partners; people who are party to a franchise agreement under the FTC franchise disclosure rule; LLC members who own at least 10% of the LLC’s capital; and corporate stockholder-employees who own 10% or more of the corporation’s stock.
The statute sets no limit on the number of officers. Any individual or business that is not required to carry coverage may also file an Affidavit of Exempt Status (85A O.S. §36; OAC 810:25-5-1)
What form is the Oklahoma workers comp exemption?
Affidavit of Exempt Status, CC-Form-36A. It was created in 2018 by SB 1249 and replaced the Certificate of Non-Coverage. To end an exemption early, file the Cancellation of Affidavit of Exempt Status, CC-Form-36C. File it on the state’s own site; filing services charge for the same form.
Can an exempt owner in Oklahoma 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 Oklahoma Sources & Resources
- Oklahoma Oklahoma Workers’ Compensation Commission (the state insurance fund, CompSource Oklahoma, is a separate insurer): https://www.wcc.ok.gov/
- Oklahoma Workers’ Comp Statute: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Oklahoma workers comp exemption guide was last verified against official Oklahoma sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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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.