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Who Is Responsible for Paying Workers’ Comp Premiums?

Shine by Shine
13/04/2025
in Business Insurance
Who Is Responsible for Paying Workers’ Comp Premiums?

Workers’ compensation insurance is an important part of running a business. It protects workers if they get injured or sick because of their job. It also helps businesses avoid legal problems and unexpected costs.

But many people are confused about how workers’ compensation works—especially when it comes to who pays for it. Some think it’s a shared cost between the employer and the employee. Others aren’t sure if the government pays for it. So, who actually foots the bill?

Let’s break it down in clear, simple language so you can understand exactly who pays for workers’ compensation insurance—and why it matters.

What Is Workers’ Compensation Insurance?

Before we talk about who pays for it, it helps to understand what this insurance actually does.

Workers’ compensation insurance (often called “workers’ comp”) is a type of insurance policy that helps employees if they get hurt or sick while doing their job. This could be anything from a fall on a construction site to a repetitive stress injury from typing.

If a worker is injured, workers’ comp helps cover:

Medical bills

Lost wages while they recover

Rehabilitation costs

Disability payments if the injury is long-term

Death benefits for the family if the worker dies on the job

The goal is to help injured workers get the care they need without having to sue their employer. In return, the employer usually gets protection from lawsuits related to workplace injuries.

Who Actually Pays for Workers’ Compensation Insurance?

The simple answer: the employer pays for workers’ compensation insurance.

Let’s take a closer look at what that means.

1. Employers Are Legally Required to Pay the Premiums

In most places (especially in the U.S.), workers’ comp is required by law if you have employees. The law says that employers must pay the full cost of this insurance. That means the business—not the worker—has to cover the insurance premiums.

Employers are not allowed to deduct any portion of the workers’ comp premium from an employee’s paycheck. It’s against the law in almost every state. This is very different from things like health insurance, where both employer and employee might share the cost.

The premium is considered a business expense, just like paying rent, buying supplies, or covering utility bills.

2. The Insurance Company Sends the Bill to the Business

When a business gets workers’ compensation insurance, it usually buys a policy from a private insurance company or a state-run fund. The insurance provider charges the business a premium based on a few key factors:

The type of work the employees do (some jobs are riskier than others)

The total payroll

The business’s claims history (companies with more past injuries pay more)

The state where the business operates

Once the policy is active, the insurance company bills the employer directly—monthly, quarterly, or yearly.

How Are Workers’ Comp Premiums Calculated?

Let’s go a bit deeper into how the premiums are set. Understanding this helps explain why some businesses pay more than others.

1. Class Codes

Every type of job is given a “classification code” by the insurance industry. For example, an office worker has a lower-risk class code, while a roofer has a high-risk one.

Each class code comes with a rate. The more dangerous the job, the higher the rate.

2. Payroll

Premiums are based on payroll. Insurers calculate the cost per $100 of payroll. So if your business has a total payroll of $200,000 and your rate is $1.50 per $100, your base premium would be $3,000 a year.

3. Experience Modifier

This is a score that reflects your safety record. If your business has had very few injuries, you get a discount. If you’ve had many claims, you might pay more. This score is called an “experience modification rate” or EMR.

Do Employees Pay Anything Toward Workers’ Comp?

No, employees do not pay for workers’ compensation insurance.

They don’t contribute to the premium, and no money is taken out of their paychecks to cover it. Workers’ comp is not like Social Security or Medicare taxes, which do involve contributions from employees.

However, employees do have responsibilities under workers’ comp laws:

They must report injuries quickly

They may need to see a company-approved doctor

They must follow treatment plans and return-to-work policies

But again, they do not pay for the insurance. That’s 100% the employer’s job.

What About Self-Employed Workers or Contractors?

This is where things can get a bit tricky.

If you are self-employed—meaning you work for yourself and have no employees—you are usually not required to carry workers’ comp. But you can still choose to buy a policy to cover yourself.

In that case, you pay the premiums because you’re both the boss and the worker.

Some independent contractors may also be asked to carry their own workers’ comp insurance, especially if they work in risky jobs like construction. A company hiring them may require proof of coverage.

So, if you’re self-employed or a contractor, it’s up to you to buy and pay for the policy. You won’t have an employer to cover it for you.

What About Government Workers or Public Employees?

For people who work in government jobs, workers’ compensation is usually paid for by the government agency that employs them.

That means the city, county, state, or federal government is responsible for paying the insurance premiums or self-insuring to cover any injuries.

Even in these cases, employees do not pay for the coverage. The government takes care of it, just like a private employer would.

Can Employers Choose Not to Pay for Workers’ Comp?

In most cases, no—they can’t skip it. If an employer is required by law to carry workers’ compensation insurance and they fail to do so, there can be serious consequences:

Fines or penalties

Lawsuits from injured employees

Being shut down by the government

Criminal charges in some states

The risk is too great. That’s why most employers follow the law and carry the required insurance.

What Happens After an Injury?

When a worker is injured on the job, they file a claim through the employer’s insurance. If the claim is approved:

The insurance company pays for medical care

The worker gets wage replacement if they can’t work

The employer doesn’t have to pay those costs out of pocket

This is why employers are willing to pay the premium. It protects them from large expenses if someone gets hurt.

The injured worker also benefits. They get quick help without needing to sue, and they don’t have to pay anything upfront.

Is There Any Situation Where the Employee Might Pay?

While employees do not pay premiums, there are a few situations where they might end up covering other costs related to their care.

For example:

If they go to a doctor not approved by the employer’s insurer, they might pay the bill themselves.

If they delay reporting the injury, their claim might be denied.

If the injury wasn’t work-related, it won’t be covered.

But these are exceptions, not the rule. The basic cost of insurance is never the employee’s responsibility.

Can Workers’ Comp Be Self-Funded?

Yes. Some large companies choose to self-insure instead of buying a policy from an insurance company. That means they set aside money to cover any workers’ comp claims directly.

But even in these cases, the business still pays the cost. It doesn’t change the rule that the employer is responsible for funding workers’ comp, one way or another.

Self-insuring is only allowed in some states, and only for companies that meet strict financial rules. Most small and medium-sized businesses simply buy insurance.

Conclusion

Employers are the only ones who pay workers’ comp premiums

Employees never contribute to the cost of workers’ comp insurance

Self-employed individuals who choose to get coverage pay for it themselves

Failing to pay for workers’ comp can lead to serious penalties for employers

Workers’ compensation is an important safety net for both workers and employers. It keeps workers protected and helps businesses avoid lawsuits and financial trouble.

If you’re an employer, make sure you have the right coverage. And if you’re an employee, know your rights—you are covered, and you don’t have to pay a dime for that protection.

Understanding who pays for workers’ comp might seem like a small detail, but it’s a big part of keeping workplaces safe and fair.

Related topic:

What is a Property Insurance Policy and Why Do You Need One?

5 Best Professional Liability Insurance for Federal Employees

What is Professional Liability Insurance and Why Do You Need It?

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