Insurance glossary · Workers’ comp and audits
ghost policy.
A ghost policy is a workers’ comp policy for an owner with no employees, bought mainly to produce a certificate a customer asks for. It usually covers no one.
Why would someone buy a workers’ comp policy that covers no one?
To get a certificate. Many general contractors won’t let a sub on the job without a workers’ comp certificate, even when the sub is a one-person business with no employees. A ghost policy, usually with the owner excluded, produces that certificate at a minimum premium.
Does a ghost policy cover the owner if they get hurt?
Not when the owner is excluded, which is the usual setup. The owner would have to rely on health and disability insurance instead. In many states an owner can choose to be covered on their own policy, which costs more but actually pays if they’re injured on the job.
What happens if the owner hires a helper?
A workers’ comp policy covers employees of the business, so a helper hired during the year is generally covered, and the premium is adjusted at audit for the payroll. Paying helpers in cash or as 1099 workers without reporting them is where ghost policies go wrong, for the owner and for the general contractor.
Does a ghost policy protect the general contractor?
Only partly. In many states a general contractor can be responsible for a sub’s injured workers if the sub isn’t insured for them. A ghost policy covers the sub’s reported employees, but not an excluded owner, and in some states, like Nevada, that leaves the general contractor exposed for the owner personally.
Is a ghost policy legal?
Yes, in most states. Owners of small businesses are often allowed to exclude themselves, and a policy with no one on it is a real policy. What isn’t allowed is hiding employees to keep the premium down, which can lead to audit charges, penalties and a general contractor’s own policy picking up the claim.
What does a ghost policy cost?
Usually the insurer’s minimum premium for the state and class, plus fees. Because there’s no payroll to rate, the price is set by the minimum rather than the size of the business.
Are there alternatives to a ghost policy?
In some states, yes. Several have official exemption certificates, affidavits or registries a one-person business can use instead, though many apply only to government permits or don’t bind private contractors. New York’s exemption certificate, for example, works for permits but can’t be used as proof for a private general contractor.
How does a general contractor check a sub’s ghost policy?
By reading the certificate and, when it matters, asking whether the owner is included or excluded. Many contractors also ask subs to confirm they have no employees. At audit, payments to subs without a valid certificate can be added to the contractor’s own payroll.
Does a ghost policy work differently by state?
A lot. States differ on whether owners are covered by default, whether a general contractor is liable for an uninsured sub, and whether an official exemption replaces the policy. In the four states where comp comes only from a state fund, owners can only get coverage by electing it with the fund. The notes below cover Riza’s licensed states in detail and every other state in a line.
in the states where Riza is licensed.
Riza is a licensed insurance agency in New York, Colorado, Texas, Florida, Massachusetts, Arizona, Nevada, North Carolina, New Jersey and Georgia. Notes below cite the law they come from. Detailed write-ups cover Arizona, Nevada, Texas, North Carolina and New York. One-line notes for other licensed states appear with them when this term has one.
- ArizonaIn Arizona, sole proprietors and majority LLC members aren’t covered unless the insurer endorses them in, so an owner-excluded policy is legal and covers only employees hired later. A general contractor that controls a sub’s work can still be the statutory employer of the sub’s workers, and a signed sole proprietor waiver is the state’s way to relieve it of liability for the owner personally.A.R.S. § 23-901 · A.R.S. § 23-902 · A.R.S. § 23-961contractors in Arizona →
- NevadaNevada is one of the strictest states for construction. A licensed principal contractor is by law the employer of its subs and their workers unless they carry their own coverage, and the state’s guidance says a sole proprietor in that chain must still be covered. An owner-excluded ghost policy can leave the general contractor exposed for the owner, while a sole proprietor can buy coverage on themselves.NRS ch. 616A (616A.210) · NRS ch. 616B (616B.659) · Nevada DIR, employer coverage requirementscontractors in Nevada →
- TexasWorkers’ comp is optional for most private Texas employers, and owners on a policy are covered unless excluded by endorsement. Ghost policies matter most on public building and construction projects, where everyone providing services has to be covered, though excluded owners are carved out. On private jobs, a general contractor takes on comp responsibility for a sub only by written agreement.Tex. Lab. Code § 406.097 · Tex. Lab. Code § 406.096 · Tex. Lab. Code § 406.123contractors in Texas →
- North CarolinaIn North Carolina, sole proprietors, partners and LLC members are outside comp unless they elect in. A general contractor that sublets work without collecting a certificate of insurance is liable for the sub’s injured employees, however few, which is what drives ghost policies there. The certificate satisfies that rule and covers the sub’s employees, but pays nothing for an excluded owner.N.C.G.S. § 97-19 · N.C.G.S. § 97-2 · NC Industrial Commission, insurance requirementscontractors in North Carolina →
- New YorkNew York doesn’t require comp for a business with no employees, and a no-employee business can file an exemption certificate to get a building permit or government contract. The Workers’ Compensation Board says that certificate can’t be used as proof for a private contractor, and contractors are liable for uninsured subs, so New York general contractors usually want an actual policy.NY WCB, exemption certificates (CE-200) · N.Y. Workers’ Comp. Law § 56 · NY WCB, coverage requirementscontractors in New York →
- ColoradoColorado treats sole proprietors as outside coverage unless they buy it and lets 10% officers and members reject it in writing, has no exemption registry, and makes a company that contracts out work the statutory employer of the sub’s employees.C.R.S. 8-41-401 (Justia) · C.R.S. 8-41-202 (FindLaw)
- FloridaFlorida requires construction sole proprietors to carry coverage and lets only up to three 10% officers or members per construction business hold a state exemption certificate, which contractors can check in an online database.F.S. 440.05 (2024) · F.S. 440.02 (2025)
- GeorgiaGeorgia leaves sole proprietors and partners out unless they elect in and lets corporate officers elect exemption, has no exemption registry, and a 2013 survey reports that upstream contractors are liable for an uninsured sub’s employees.Georgia sole proprietor/partner election (WC-10) [secondary] · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- MassachusettsMassachusetts does not require no-employee sole proprietors or partners to carry comp and records that status on a state affidavit for building permits, and a 2013 survey reports an uninsured sub’s employee can claim through the GC’s insurer.Mass. DIA, Affidavits for builders, contractors, plumbers and electricians · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- New JerseyNew Jersey’s owner and officer election rules are unverified and no exemption registry was found, but a 2013 survey reports that a contractor is liable for a sub’s employees when the sub fails to insure.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
every other state.
How it works everywhere else, with the rule each line comes from. Riza is not licensed in these states.
- AlabamaAlabama leaves sole proprietors and partners out of coverage unless they elect in and has no exemption registry, and while it has no contractor-under rule for benefits, a GC can be charged premium at audit for uninsured subs.Alabama Dept. of Labor FAQ: Can a general contractor charge a sub-contractor for workers' compensation insurance? · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- AlaskaAlaska does not treat sole proprietors and partners as employees by default and has no construction exemption registry that we found, and a 2013 survey reports that contractors are liable for an uninsured sub’s employees.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- ArkansasArkansas leaves sole proprietors, partners and LLC members out unless they elect coverage and issues a Certificate of Non-Coverage a prime contractor can rely on for the owner, though the prime stays liable for an uninsured sub’s employees.Ark. Code 11-9-402 (Justia) · AWCC Application for Certificate of Non-Coverage · AWCC/AID Joint Bulletin on Certificates of Non-Coverage
- CaliforniaCalifornia does not require comp for most no-employee contractors, but its licensing board already requires roofing, concrete, HVAC, asbestos and tree-service licensees to carry it, and that rule is set to reach all licensees on January 1, 2028.CSLB, Workers' Compensation Requirements · CSLB, Business and Professions Code 7125 · CSLB Board item: Senate Bill 1455
- ConnecticutConnecticut generally lets sole proprietors and partners stay out of coverage unless they elect in, has no exemption registry that we found, and a 2013 survey reports that principal employers are liable for an uninsured sub’s employees.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- DelawareDelaware requires comp once a business has one employee and has no exemption registry, and a contractor that fails to collect and keep a sub’s proof of insurance is deemed to insure the comp claims of the sub’s workers.19 Del. C. 2311 (Justia) · 19 Del. C. 2306 (Justia)
- District of ColumbiaThe District of Columbia has no exemption registry that we found and its owner election rules are unverified, but its code makes a contractor liable for comp to a sub’s employees unless the sub has secured it.D.C. Code § 32-1503 (DC Council)
- HawaiiHawaii requires comp once a business has one employee and its owner coverage rules are unverified, and a 2013 survey reports that a contractor is deemed the employer of its subcontractors’ employees.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- IdahoIdaho generally lets sole proprietors, partners and certain officers stay out of coverage, has no exemption registry that we found, and a 2013 survey reports that contractors are liable for an uninsured sub’s employees.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- IllinoisIllinois leaves sole proprietors and partners out unless they elect in, has no exemption registry that we found, and a 2013 survey reports that a contractor is liable for an uninsured sub’s employees.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- IndianaIndiana leaves sole proprietors, partners and LLC owners out unless they elect in and issues a Certificate of Exemption that a hirer may not override by requiring a policy, and a 2013 survey reports contractor liability when proof goes uncollected.IC 22-3-2-14.5 (Justia) · Indiana WCB Compliance · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- IowaIowa leaves proprietors and partners out unless they elect in and has no comp exemption registry that we found, and a 2013 survey reports no statutory-employer rule making a GC liable for an uninsured sub’s employees.Iowa Code ch. 85 (PDF) · Iowa DIAL, Workers' Compensation Compliance · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- KansasKansas exempts some small employers and lets sole proprietors elect in, though its owner rules are unverified, and a 2013 survey reports that a principal is secondarily liable for a sub’s workers.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- KentuckyKentucky leaves sole proprietors and partners out unless they elect in, has no exemption registry that we found, and a 2013 survey reports that a contractor is liable for a sub’s employees unless the sub has secured comp.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- LouisianaLouisiana lets sole proprietors, partners and 10% officers or LLC members elect out by written agreement with the insurer, has no exemption registry that we found, and a 2013 survey reports principals are statutory employers of subs’ employees.La. R.S. 23:1035 · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- MaineMaine does not require sole proprietors without employees to carry coverage and offers a state board predetermination of contractor status that creates a rebuttable presumption, and a 2013 survey reports contractors are liable to uninsured subs’ employees.39-A M.R.S. 105 (Justia, 2014) · Maine Bureau of Insurance, Employer's Guide to Workers' Comp · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- MarylandMaryland leaves sole proprietors out unless they elect in, has no exemption registry that we found, and a 2013 survey reports that a principal contractor is liable to subs’ employees when the work is part of its business.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- MichiganMichigan leaves sole proprietors and partners out unless they elect in, has no exemption registry that we found, and makes a contractor liable for an uninsured sub’s employees, with a right to recover from the sub.Michigan LEO publication: Employer Insurance Requirements, Subcontractors, General Contractors · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- MinnesotaMinnesota generally excludes sole proprietors, partners and LLC members unless they elect in, has no confirmed exemption registry, and a 2013 survey reports that a general or intermediate contractor is liable when a sub fails to insure.SFM: Workers' compensation exemptions for Minnesota small-business owners [secondary] · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- MississippiMississippi requires comp at five employees and lets sole proprietors elect in, has no exemption registry that we found, and a 2013 survey reports that a contractor must secure comp for a sub’s employees unless the sub has.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- MissouriMissouri leaves sole proprietors and partners out unless they buy coverage, accepts an affidavit of exemption for local contractor licensing, and makes a GC liable for injuries to an uninsured sub’s employees and, per state guidance, the sub itself.Missouri DOLIR, Workers' Compensation Requirements for the Missouri Construction Industry · Missouri DOLIR FAQ: GC requires proof though not legally required · RSMo 287.040 (FindLaw)
- MontanaMontana issues a two-year Independent Contractor Exemption Certificate so a holder need not buy comp for themselves, and a 2013 survey reports that a hiring employer is liable for an uncovered contractor’s employees.MCA 39-71-417 · Montana DLI, ICEC program · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- NebraskaNebraska lets sole proprietors and partners elect into coverage, has no exemption registry that we found, and a 2013 survey reports that an owner or contractor that fails to require subs to carry comp is liable.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- New HampshireNew Hampshire generally does not require sole proprietors, partners or LLC members without employees to carry coverage, has no exemption registry that we found, and a 2013 survey reports contractors are liable for uninsured subs’ employees.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- New MexicoNew Mexico requires construction licensees to carry comp regardless of employee count, and while sole proprietors and 10% executive owners may elect out, an incorporated construction company stays subject to the Act, so owner-excluded policies are common.NMSA 52-1-6 (Justia) · NM WCA Employer Guidebook · NM WCA FAQs
- North Dakotastate fundNorth Dakota’s state fund is the only source of comp, so a no-employee owner gets coverage only by electing optional coverage with it, and a GC is liable for premium on an uninsured sub’s employees.ND WSI, Failure to Secure Coverage · ND WSI, Contractor or Employee
- Ohiostate fundOhio’s state fund is the only source of comp for most employers, so a no-employee owner gets coverage only by electing it with the fund, and contractor liability for an uninsured sub’s workers is unclear.R.C. 4123.01 · Ohio BWC, Elective Coverage · OAC 4123-17-07
- OklahomaOklahoma lets sole proprietors, partners, officers and LLC members exclude themselves and offers a two-year Affidavit of Exempt Status a contractor can rely on, though contractors stay secondarily liable for uninsured subs’ employees.Okla. Admin. Code 810:25-5-1 (affidavit of exempt status) · 85A O.S. 36 (Justia)
- OregonOregon treats no-employee sole proprietors, partners, LLC members and some owner-officers as outside coverage unless they elect in, tracks exempt status through contractor licensing, and makes the awarding contractor cover nonexempt workers a sub brings.ORS Chapter 656 · ORS 656.029 · OAR (CCB rule)
- PennsylvaniaPennsylvania leaves sole proprietors and partners out unless they elect in and accepts a notarized exemption affidavit from no-employee owners for building permits, and a 2013 survey reports a GC is liable if a sub defaults on comp.Telford Borough: Workers' Compensation Reform Act #44 of 1993 [secondary, municipal] · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- Rhode IslandRhode Island generally does not treat sole proprietors as employees and offers an annual state-filed independent-contractor designation that creates a presumption of that status, while contractor liability for uninsured subs is unclear.R.I. Gen. Laws 28-29-17.1 · RI DLT, For Independent Contractors
- South CarolinaSouth Carolina lets sole proprietors, partners and LLC members elect in and officers reject coverage, has no exemption registry, and makes owners and contractors statutory employers of subs’ employees.S.C. Code Title 42, Chapter 1 · S.C. Code 42-1-130 (Justia)
- South DakotaSouth Dakota’s owner election rules are unverified and no exemption registry was found, but a 2013 survey reports that principal, intermediate and subcontractors are liable for a sub’s employees.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- TennesseeTennessee requires construction businesses with one employee to carry comp, lets qualifying construction owners be exempt only by joining a state exemption registry, and makes principal and intermediate contractors liable for subs’ employees.TN BWC, Insurance Exemptions · TN BWC, Exemption Registry Forms and FAQs · TN Commerce & Insurance FAQ: WC for commercial construction service providers
- UtahUtah does not require no-employee sole proprietors to carry coverage and issues a one-year Coverage Waiver that contractor licensing accepts in place of a policy, and a 2013 survey reports controlling employers are liable for uninsured subs’ employees.Utah Labor Commission, Workers' Compensation Coverage Waiver · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- VermontVermont generally does not treat sole proprietors as employees and has no exemption registry that we found, and a 2013 survey reports that owners and GCs are contingently liable for an uninsured sub’s employees.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- VirginiaVirginia requires comp at three employees and lets sole proprietors and partners elect in, has no exemption registry that we found, and secondary sources report owners and contractors are liable for uninsured subs’ employees.Work Comp Professionals: Virginia statutory employer [secondary] · Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- Washingtonstate fundWashington’s state fund is the only source of comp, so a no-employee sole proprietor or partner gets coverage only by electing it with the fund, and a contractor owes premium on subcontracted work unless the sub meets set conditions.RCW 51.12.070 · WA L&I, Independent Contractor Guide (F101-063-000)
- West VirginiaWest Virginia generally does not require sole proprietors and partners to carry coverage, though the rules are unverified, no exemption registry was found, and contractor liability for an uninsured sub’s workers is unclear.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- WisconsinWisconsin leaves sole proprietors and partners out unless they elect in, has no exemption registry that we found, and a 2013 survey reports that an owner or contractor is liable when a sub fails to insure.Matthiesen, Wickert & Lehrer, 'Workers' Compensation Subrogation in Construction Settings: All 50 States' (2013; statutory-employer citations by state) [secondary]
- Wyomingstate fundWyoming’s state fund is the only source of comp, so sole proprietors, partners, LLC members and officers get coverage only if the business elects it in writing with the fund, and contractors reportedly must verify subs’ accounts.Wyoming Statutes Title 27, Chapter 14 (2010, Justia)
by trade.
- General contractorsGhost policy certificates from one-person subs are common, and it’s worth knowing whether the owner is excluded and whether your state makes you liable for them.
- Handyman and small tradesSolo operators are the ones most often asked for a comp certificate they don’t legally need, which is where ghost policies come from.
- RoofingRoofing carries high comp rates and frequent one-person subs, so GCs read roofing certificates closely for owner exclusions.
- Landscaping and property vendorsProperty management vendor portals often require a comp certificate from every vendor, including owner-only businesses.
where you’ll see it.
- CertificatesA workers’ comp certificate with an “excluded” box checked for the owner or officers.
- Vendor requirements“All vendors must provide proof of workers’ compensation coverage,” with no exception for businesses without employees.
- AuditsPayroll statements showing no employees, or helpers that should have been reported.
the certificate and the coverage should match.
If you work alone, Riza explains your options in your state: an owner-excluded policy, covering yourself, or an official exemption where one is accepted. If you hire help, we make sure they’re on the policy before the audit finds them. For general contractors, we help read subs’ certificates for what they really cover.
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Coverage it touches: Workers’ comp