Coverage Explained

Workers Comp Options for the Owner of a Paving Company

Whether your own injury is covered by your company’s workers compensation policy depends on how the business is organized and on the law of the state where the work is done. A sole proprietor, partner, corporate officer or LLC member may sit outside that law or inside it, and a standard endorsement records the choice in either direction.

There is no national answer to the owner question

No general rule decides whether a paving company’s owner is covered, and this post does not offer one. Each state’s workers compensation act decides who counts as an employee, and the state agencies we read for this post answer the owner question in ways that do not line up with each other.

Some treat sole proprietors and partners as outside the law unless they choose to come in; another treats every owner working in construction as an employee. The honest shape of an answer is your entity type, read against your state’s act, then recorded on your policy by endorsement.

This is general information, not legal advice: your state’s act, your contracts and your policy wording decide where you stand, and the state agency or an attorney confirms it. Start from your own state page, such as Indiana’s, and read its workers compensation section beside this post. The policy itself, what it pays and how it is arranged, is on our workers compensation page; this post covers only where the owner sits on it, which is the question of whether an owner or officer is included or excluded. Where a paving business buys workers compensation in the first place, through a private carrier, a state fund or a residual market plan, is the business-level question in workers compensation insurance options for paving contractor businesses.

Sole proprietors and partners: outside unless you elect in

In several of the states we read, the owner of an unincorporated business is an employer rather than an employee, and is covered only after choosing coverage. The agencies say so in their own words, and each is describing its own state.

Wisconsin’s Department of Workforce Development, in its questions and answers on insurance requirements, says “Sole proprietors, partners and members of limited liability companies are exempt from coverage under the Act, but may elect to cover themselves.” The state view sits on our Wisconsin page.

Georgia’s State Board of Workers’ Compensation, in its insurance FAQ, puts it this way: “The Georgia Law considers sole proprietors and partners to be employers not employees, just the opposite of corporations.” It adds: “However, they can elect to be covered as an employee by advising their insurance carrier in writing.” Our Georgia page carries the state view.

Missouri’s Division of Workers’ Compensation, in its requirements for the construction industry, says “Sole proprietors and partners are themselves not covered unless they individually elect to purchase workers’ compensation insurance.”

Florida reads construction the other way. Its Division of Workers’ Compensation, in a brochure for contractors, says “Corporate officers, limited liability company members, sole proprietors, partners, and independent contractors engaged in the construction industry are considered employees under Florida’s workers’ compensation law.” Same trade, same owner, opposite starting point.

Corporate officers: inside the law unless it lets you step out

If your paving company is a corporation, the usual starting point in the states we read is the reverse: the officers are employees, and any way out is an exception the state’s act has to allow.

Wisconsin’s agency says “A corporate officer is considered an employee and is covered by the Act.” Georgia’s Board says “The corporation is considered to be the employer and all officers are considered to be employees of the business.” Both describe a way for an officer to be excluded or to waive coverage, under conditions their own statutes set.

Florida also allows construction officers to seek an exemption, subject to its own conditions; its brochure is the place to read them, and our Florida page carries the state view.

What an officer exclusion does not do matters as much. Wisconsin’s agency says “An officer who elects to exclude himself or herself is still an employee of the corporation.” The exclusion changes whether that officer draws benefits. It does not turn the officer into an outsider for every other purpose under the act.

LLC members land on different sides in different states

An LLC is where the states we read disagree most, because the entity sits between a partnership and a corporation and each act chooses which one it resembles.

Wisconsin groups LLC members with sole proprietors and partners, in the same sentence quoted above: outside the act, with the choice to elect in. Florida groups them with officers and treats them as employees in construction.

Missouri frames it as a rejection rather than an election. Its construction brochure says “A member who elects to reject such coverage shall not thereafter be entitled to workers’ compensation benefits under the policy, even if serving or working in the capacity of an employee of the LLC.” The same paragraph adds that “The member may rescind his/her rejection of coverage.” The state view is on our Missouri page.

If your sealcoating or striping outfit is an LLC whose members run equipment, settle the member question first, by your state’s act rather than by what an LLC is in general.

Writing yourself onto the policy with the coverage endorsement

Where the law leaves an owner outside and the owner elects in, the standard vehicle is the Sole Proprietors, Partners, Officers and Others Coverage Endorsement, WC 00 03 10 (Ed. 4-84), an NCCI endorsement as it is commonly filed; that is the printing we reviewed, and your policy’s own forms list controls.

Its operative sentence reads: “An election was made by or on behalf of each person described in the Schedule to be subject to the workers compensation law of the state named in the Schedule.” The schedule pairs each person with a state, so the election is recorded state by state rather than for the whole company at once. The next sentence ties the choice to price: “The premium basis for the policy includes the remuneration of such persons.”

Wisconsin’s agency describes the same mechanism from the owner’s side. It says “All worker’s compensation policies exclude the sole proprietor, partners and members of limited liability companies, unless specifically endorsed to include them”, and that “To be covered under the policy, the policy must be endorsed to name the sole proprietor, partner or member of limited liability companies as a covered employee.” Its page for sole proprietors, partners and LLC members adds that “Employers who have an existing worker’s compensation insurance policy may add themselves to that policy by notifying their agent and paying the additional premiums.”

Writing yourself off the policy with the exclusion endorsement

Where the law puts an owner inside and allows an election out, the standard vehicle is the Partners, Officers and Others Exclusion Endorsement, WC 00 03 08 (Ed. 4-84), again an NCCI endorsement as commonly filed and the printing we reviewed. Its schedule has columns for partners, officers and others; there is no sole proprietor slot, because it is written for people who would otherwise be inside.

Its operative text is short. “The policy does not cover bodily injury to any person described in the Schedule.” Then: “The premium basis for the policy does not include the remuneration of such persons.” Then the sentence that most owners never read: “You will reimburse us for any payment we must make because of bodily injury to such persons.” An excluded owner is not simply off the policy. If the insurer is made to pay for that owner’s injury anyway, the business owes the money back.

A state rating bureau’s instruction sheet for the form, which is the bureau’s guidance and not policy wording, says the endorsement is used “where an individual has elected, pursuant to the workers compensation act, not to be covered by the act and to exclude employers liability coverage where the insured is statutorily exempt from workers compensation coverage.” So an exclusion can reach the employers liability half as well. What that half does is explained on the workers compensation page. The same sheet shows that people can be described rather than named, with examples such as “all executive officers except the president”.

What an exclusion leaves uncovered

Stepping off the policy ends workers compensation benefits for your own injury. It does not end the injury risk, and in this trade the owner is often the person standing closest to it.

Florida’s brochure states the consequence plainly: “Exemption holders are not eligible to recover workers’ compensation benefits if injured on the job.” An owner who runs the paver, works the rake behind it, saw-cuts a patch or lays out stalls in a live lot is exposed to the same hazards the crew is, which our workers compensation page walks through. The exclusion leaves exactly that person without the policy’s benefits.

It also leaves the crew where it was. Georgia’s Board says “Officer exemptions do not reduce the number of employees of the corporation.” Excluding yourself is a decision about a single owner’s benefits, not a way out of carrying a policy for the people you employ.

Real-World Scenario: The owner of a small striping company, organized as an LLC, took herself off the company’s workers compensation policy when the business was formed, as her state allowed. On a night restripe of a grocery lot, a crew member backing the layout truck pins her and a laborer against a curb. The laborer’s injury is a workers compensation claim on the company’s policy. Hers is not: whatever pays her has to come from coverage she carries personally, and any payment the insurer is made to make on her behalf comes back to the company.

Why a general contractor may still want to see your policy

Your legal option to step off the policy and your ability to win a subcontract are separate questions. General contractors ask for a policy because the law in many states can make them answer for an uninsured sub, and their own insurer prices that risk.

Missouri’s construction brochure lays out the chain. “A general contractor can require subcontractors to carry workers’ compensation insurance.” It explains that “Generally, the Law says that the general contractor is liable for any injuries sustained by uninsured subcontractors or their uninsured employees”, and that “the general contractor’s insurer will charge an additional premium if the subcontractor cannot provide proof of coverage, even if the subcontractor has no employees.” Florida’s brochure puts the duty on the hiring side too: “Contractors are required to make certain that all sub-contractors have the required workers’ compensation insurance before they begin work on a project.”

Classification is the other pressure. Wisconsin warns that “A person is not an independent contractor for worker’s compensation purposes just because the person says they are, or because the contractor over them says so, or because they both say so”. A solo sealcoater or striper can end up treated as the general contractor’s worker, which is why a statement rarely replaces a certificate. Wisconsin adds that “An uninsured employer is personally liable for uninsured benefit claims for which their injured employees are eligible.”

How the hiring contractor’s own policy answers for an uninsured sub is covered in the FAQ on our workers compensation page. The certificates and additional insured requests that come with the same subcontract belong to general liability. Laborers you borrow from a staffing agency raise a different question, answered in temporary and leased workers on a paving crew.

Settling it before the policy is written

The owner choice is recorded by endorsement, so it belongs before the policy is bound or renewed, not after an injury.

  • The entity. Sole proprietorship, partnership, corporation or LLC, and who the owners, officers or members are.
  • The field role. Which owners run equipment or work in traffic, and which stay in the office.
  • The state. What each state’s act you work under says about each owner.
  • The contracts. What subcontracts and public bid documents require you to show, whatever the law allows.
  • Your other coverage. What, if anything, you carry personally outside workers compensation that would respond to your own injury.
  • Changes during the term. Florida’s brochure says “A change in job duties performed by employees or an increase in the amount of payroll of a business must be reported to the insurance company.” An owner who moves from the office to the paver is that kind of change.

Claims by your own employees that are not injuries, such as a harassment or wrongful termination complaint, fall outside this policy entirely; that exposure is covered by employment practices liability. The rest of the program is laid out under paving contractor insurance.

Send us your entity documents, the list of owners who work in the field and a recent subcontract’s insurance article, and request a quote; we will map each owner’s place on the policy to your state before anything is endorsed.

Putting the owner on or off the workers compensation policy

Owner brought onto the policy

  • Coverage endorsement
  • Used where the owner sits outside the law by default and elects in
  • The election is recorded person by person and state by state
  • The owner’s pay is added to the premium basis
  • The owner’s own on-the-job injury is a workers compensation claim

Owner taken off the policy

  • Exclusion endorsement
  • Used where the owner sits inside the law by default and the law allows an election out
  • Partners, officers or others are listed on the schedule
  • The owner’s pay leaves the premium basis
  • No benefits for the owner’s own injury, and any payment the insurer is made to make comes back to the business
Which column applies, and whether the choice is open at all, is set by your state’s law; a contract or a general contractor can still ask for a policy either way.

The diagram compares the coverage endorsement on the left with the exclusion endorsement on the right. On the left, an owner who sits outside the law by default elects in, the election is recorded by person and by state, the owner’s pay joins the premium basis, and an on-the-job injury becomes a workers compensation claim. On the right, an owner who sits inside the law by default elects out where the law allows it, the owner’s pay leaves the premium basis, the owner gets no benefits, and any payment the insurer is made to make comes back to the business. No figures are shown.

Frequently asked questions

If I take myself off the policy now, can I get back on later?

Often, but the route runs through your state’s law and your agent. Missouri’s construction brochure says of an LLC member who rejected coverage that “The member may rescind his/her rejection of coverage.” Wisconsin tells existing policyholders they may add themselves by notifying their agent and paying the added premium. Either way, the change is made by endorsement and applies from the date it is issued, never back to an injury that already happened.

Can I leave my foreman or a relative who works for me off the policy?

Only if your state’s act lets that person be excluded, and for most employees it does not. A state rating bureau’s instruction sheet for the exclusion endorsement says “Individuals may be designated in this endorsement only when it is appropriate to do so under the workers compensation act.” The endorsement is written for owners and officers the law allows to step out. A crew member, family or not, is usually an employee your policy must answer for.

If I am excluded and hurt running the roller, what pays for my injury?

Not your workers compensation policy. The exclusion endorsement says the policy does not cover bodily injury to a person listed on its schedule, and if the insurer is somehow made to pay, you owe it back. Anything that pays you would have to come from other coverage you carry personally, outside workers compensation, and that is worth checking with whoever writes it before you sign the exclusion, not after a crew truck backs into you.

Does my choice to be included carry over when my crew works a job in another state?

Not automatically. The coverage endorsement records an election for each listed person against a named state, so the schedule is read state by state. Another state may treat an owner differently, and may not recognize an election made under another state’s law. Tell your agent every state where you expect to run a job this season, and read the state-line question on our workers compensation page, before you mobilize across a border.

Will a certificate that shows I am exempt satisfy a general contractor?

Sometimes, and only where the state and the contract allow it. Florida’s brochure for contractors says “If the sub-contractor has an exemption, the contractor should obtain a copy of the sub-contractor’s certificate(s) of exemption.” Other general contractors write their subcontracts to require an actual policy whatever the owner’s status, because their own insurer may charge them when a sub cannot show one. Read the subcontract’s insurance article before you price the job.

I run the company alone with no crew. Do I need a policy at all?

That depends on your state’s act, the jobs you bid and the contracts behind them, not on the size of the crew alone. Wisconsin’s agency says “Independent contractors who have no employees or who are not required to be insured may buy a policy to cover themselves.” Missouri warns that a general contractor’s insurer can charge more when a sub cannot prove coverage, even one without employees, which is often why a solo striper gets asked for a policy anyway.