Workers` Compensation Insurance by State

NCCI
Monopolistic
Other

State:

Alabama

NCCI

NCCI

State:

Alaska

NCCI

NCCI

State:

Arizona

NCCI

NCCI

State:

Arkansas

NCCI

NCCI

State:

California

NCCI

OTHER

State:

Colorado

NCCI

NCCI

State:

Connecticut

NCCI

NCCI

State:

Delaware

NCCI

OTHER

State:

District of Columbia

NCCI

NCCI

State:

Florida

NCCI

NCCI

State:

Georgia

NCCI

NCCI

State:

Hawaii

NCCI

NCCI

State:

Idaho

NCCI

NCCI

State:

Illinois

NCCI

NCCI

State:

Indiana

NCCI

OTHER

State:

Iowa

NCCI

NCCI

State:

Kansas

NCCI

NCCI

State:

Kentucky

NCCI

NCCI

State:

Louisiana

NCCI

NCCI

State:

Maine

NCCI

NCCI

State:

Maryland

NCCI

NCCI

State:

Massachusetts

NCCI

OTHER

State:

Michigan

NCCI

OTHER

State:

Minnesota

NCCI

OTHER

State:

Mississippi

NCCI

NCCI

State:

Missouri

NCCI

NCCI

State:

Montana

NCCI

NCCI

State:

Nebraska

NCCI

NCCI

State:

Nevada

NCCI

NCCI

State:

New Hampshire

NCCI

NCCI

State:

New Jersey

NCCI

OTHER

State:

New Mexico

NCCI

NCCI

State:

New York

NCCI

OTHER

State:

North Carolina

NCCI

OTHER

State:

North Dakota

NCCI

MONOPOLOSTIC

State:

Ohio

NCCI

MONOPOLOSTIC

State:

Oklahoma

NCCI

NCCI

State:

Oregon

NCCI

OTHER

State:

Pennsylvania

NCCI

OTHER

State:

Rhode Island

NCCI

NCCI

State:

South Carolina

NCCI

NCCI

State:

South Dakota

NCCI

NCCI

State:

Tennessee

NCCI

NCCI

State:

Texas

NCCI

OTHER

State:

Utah

NCCI

NCCI

State:

Vermont

NCCI

NCCI

State:

Virginia

NCCI

NCCI

State:

Washington

NCCI

MONOPOLOSTIC

State:

West Virginia

NCCI

OTHER

State:

Wisconsin

NCCI

NCCI

State:

Wyoming

NCCI

MONOPOLOSTIC

Alabama

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Alabama

Workers' compensation coverage can be provided by the PEO or client/co-employer, as specified in the service agreement.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all employees are covered.

Agency Web Site: Alabama Department of Industrial Relations

Alaska

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Alaska

Workers' compensation coverage can be provided by the PEO or client/co-employer, although the PEO is not formally recognized in Alaska statutes.

Exclusive remedy benefits will likely apply to both PEO and client/co-employer, assuming all employees are covered.

Agency Web Site: Alaska Division of Workers' Compensation

Arizona

NCCI
NCCI
MCP
Yes
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Arizona

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Industrial Commission of Arizona

Arkansas

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI:
State Specific Requirements for PEOs in Arkansas

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both a licensed PEO and client/co-employer.

Agency Web Site: Arkansas Workers' Compensation Commission

California

NCCI
OTHER
MCP
Yes
Workers Compensation Information
Rating Bureau: Workers' Compensation Insurance Rating Bureau of California
State Specific Requirements for PEOs in California

Workers' compensation coverage can be provided by the PEO or Client/Co-employer. Master Policy and/or Multiple Coordinated Policy provisions may apply.

Exclusive remedy benefits apply to both PEO and client/co-employer with valid contract.

Agency Web Site: California Dept. of Industrial Relations

Colorado

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Colorado

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer under "borrowed employee" interpretation; See:Statute 8-41-401 - Lessor Contractor Rule

Agency Web Site: Colorado Division of Workers' Compensation

Connecticut

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Connecticut

Workers' compensation coverage can be provided by the PEO or client/co-employer, using an MCP format.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all employees are covered.

Agency Web Site: Connecticut Workers' Compensation Commission

Delaware

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: Delaware Compensation Rating Bureau, Inc.

Workers' compensation coverage can be provided by the PEO or client/co-employer.

Exclusive remedy benefits may not apply to both PEO and client/co-employer, since the PEO is not legally recognized as the employer in Delaware (case law not yet established).

Agency Web Site: Delaware Office of Worker's Compensation

Florida

NCCI
NCCI
MCP
Yes
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Florida

Workers' Compensation Liability Statement Application Package

Workers' Compensation and Release Authorization (Form DBPR EL-4520)

Workers' Compensation Quarterly Compliance Form (Form DBPR EL-4522)

Workers' compensation coverage can be provided by either the PEO or client/co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Dept. of Financial Services - Division of Workers' Compensation

Georgia

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI:
State Specific Requirements for PEOs in Georgia

Workers' compensation coverage can be provided by either the PEO or client/co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Georgia State Board of Workers' Compensation

Hawaii

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Hawaii Disability Compensation Division

Idaho

NCCI
NCCI
MCP
Yes
Workers Compensation Information
Rating Bureau: NCCI:
State Specific Requirements for PEOs in Idaho

Workers' compensation coverage is provided by the PEO.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Idaho Industrial Commission

Illinois

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI:
State Specific Requirements for PEOs in Illinois

Workers' compensation coverage can be provided by a registered PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.
See: Employee Leasing Company Act (215 ILCS 113/)

Agency Web Site: Illinois Division of Insurance

Indiana

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: Indiana Compensation Rating Bureau
State Specific Requirements for PEOs in Indiana

Workers' compensation coverage can be provided by the PEO or client/co-employer, as specified in the service agreement.

Exclusive remedy benefits apply to both the licensed PEO and client/co-employer.

Agency Web Site: Indiana Workers' Compensation Board

Iowa

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Iowa

Workers' compensation coverage can be provided by the PEO or client/co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all employees are covered.

Agency Web Site: Iowa Division of Workers' Compensation

Kansas

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Kansas

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer under the borrowed servant doctrine, assuming all employees are covered.

Agency Web Site: Kansas Dept. of Labor - Division of Workers' Compensation

Kentucky

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Kentucky

Workers' compensation coverage can be provided by the PEO or Client/Co-employer; however, Kentucky law allows employee to voluntarily opt out of workers' compensation coverage.

Exclusive remedy applies to both the registered PEO and Client for all covered employees.

Agency Web Site: Kentucky Labor Cabinet - Dept. of Workers' Claims

Louisiana

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Louisiana

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Louisiana Workforce Commission - Workers' Compensation

Maine

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI

Workers compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive Remedy applies to the PEO and the Client if coverage is in effect.

Agency Web Site: Maine Workers' Compensation Board

Maryland

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Maryland

Workers' compensation coverage can be provided by the PEO or client/co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all employees are covered.

Agency Web Site: Maryland Workers' Compensation Commission

Massachusetts

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: Workers' Compensation Rating and Inspection Bureau of Massachusetts
State Specific Requirements for PEOs in Massachusetts

Workers' compensation coverage can be provided by the PEO or client/co-employer, using an MCP format; however, the PEO may be subject to additional requirements and conditions established by the Commissioner of Insurance.
See: http://www.mass.gov/lwd/unemployment-insur/resources/regulations/for-businesses/regulations-relating-to-leasing-companies-and.html}

Massachusetts - Workers' Compensation Employee Leasing Supplemental Application

Exclusive remedy benefits will apply to both PEO and client/co-employer in most cases, assuming all employees are covered.

Agency Web Site: Department of Industrial Accidents

Michigan

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: Compensation Advisory Organization of Michigan (CAOM)
State Specific Requirements for PEOs in Michigan

Workers' compensation coverage can be provided by the PEO or client/co-employer.

Exclusive remedy benefits apply to both the PEO and client/co-employer, if coverage is in effect.

Agency Web Site: Michigan Workers' Compensation Agency

Minnesota

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: Minnesota Workers' Compensation Insurers Association
State Specific Requirements for PEOs in Minnesota

See: Minnesota - Employee Leasing Rules and Endorsements

Exclusive remedy protection will most likely apply to both the PEO and client, assuming coverage is in place.

Agency Web Site: Minnesota Department of Labor and Industry

Mississippi

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Mississippi

Workers' compensation coverage can be provided by the PEO or client/co-employer.
Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all employees are covered.

Agency Web Site: Mississippi Workers' Compensation Commission

Missouri

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Missouri

Workers' Compensation Law - Employee Leasing Arrangements, Coverage Required

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Missouri Dept. of Labor - Division of Workers' Compensation

Montana

NCCI
NCCI
MCP
Yes
Workers Compensation Information
Rating Bureau: NCCI
See NCCI guide to state specific PEO arrangements for Montana
State Specific Requirements for PEOs in Montana

PEO must provide the workers' compensation coverage for all client worksite employees.

See: Montana - PEO Workers' Compensation Insurer Requirements

Exclusive remedy benefits apply to both a licensed PEO and client/co-employer, under normal circumstances.

Agency Web Site: Montana Employment Relations Division

Nebraska

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI:

Workers' compensation coverage can be provided by the PEO or client/co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all employees are covered.

Agency Web Site: Nebraska Workers' Compensation Court

Nevada

NCCI
NCCI
MCP
Yes
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Nevada

Registered PEO must provide the workers’ compensation coverage on an MCP basis.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all registration and regulatory requirements are met.

Agency Web Site: Nevada Department of Business & Industry

New Hampshire

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in New Hampshire

Workers compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both the licensed PEO and client/co-employer.

Agency Web Site: New Hampshire Workers' Compensation Division

New Jersey

NCCI
OTHER
MCP
Yes
Workers Compensation Information
Rating Bureau: New Jersey Compensation Rating and Inspection Bureau
State Specific Requirements for PEOs in New Jerseys

PEO to provide workers’ compensation insurance for all co-employees on an MCP basis; client must provide coverage for any non-leased employees.

Exclusive remedy applies to the Client and to the registered PEO.

Agency Web Site: Division of Workers' Compensation

New Mexico

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in New Mexico

Workers' compensation coverage can be provided by the PEO or client/co-employer.

Exclusive remedy benefits apply to both the registered PEO and client/co-employer, assuming all employees are covered.

Agency Web Site: New Mexico Workers' Compensation Administration

New York

NCCI
OTHER
MCP
Yes
Workers Compensation Information
Rating Bureau: New York Compensation Insurance Rating Board
State Specific Requirements for PEOs in New York (per NCCI)

Workers' compensation coverage must be provided by both the PEO and the client/co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: NYS Workers' Compensation Bureau

North Carolina

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: North Carolina Rate Bureau (NCRB)
State Specific Requirements for PEOs in North Carolina

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all employees are covered by a workers’ compensation policy.

Agency Web Site: N.C. Industrial Commission - Workers' Compensation

North Dakota

NCCI
MONOPOLOSTIC
MCP
No
Workers Compensation Information
Rating Bureau: Monopolistic state

PEO can provide coverage on an MCP basis.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming the PEO is deemed to be a "Staffing Service".

See: North Dakota - Coverage for Staffing Services

Agency Web Site: North Dakota Workforce Safety & Insurance

Ohio

NCCI
MONOPOLOSTIC
MCP
No
Workers Compensation Information
Monopolistic State - State Fund Required

Rating Bureau: NCCI rates are used. See: Ohio Administrative Code 4123-17-08

The Ohio Bureau of Workers' Compensation is the agency responsible for registering and monitoring PEOs in the state.

PEO Registration Application

Bureau of Workers' Compensation - PEO Guidelines

Workers' compensation coverage is provided by the PEO.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Ohio Bureau of Workers' Compensation

Oklahoma

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI

Service Agreement must specify whether the PEO or client/co-employer will secure workers' compensation coverage (pursuant to 40 O.S. § 600.7 (C)(4)).

Exclusive remedy benefits apply to both PEO and client/co-employer (pursuant to 40 O.S. § 600.7(E)).

Agency Web Site: Oklahoma Workers' Compensation Court

Oregon

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
Specific State Requirements for PEO

PEO must provide coverage for all client work site co-employees, unless an exception is granted.
See: Oregon - Employee Leasing Bulletin No. 273

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Oregon Dept. of Consumer & Business Services

Pennsylvania

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: Pennsylvania Compensation Rating Bureau
State Specific Requirements for PEOs in Pennsylvania (per NCCI)

Workers' compensation coverage may be provided by the PEO or client/co-employer, depending on the degree of "direction & control". See:

Bureau of Workers' Compensation - PEO Coverage Responsibilities Clarified

Exclusive remedy benefits should apply to both PEO and client/co-employer; however, "direction & control" issues may apply.

Agency Web Site: Dept. of Labor & Industry - Bureau of Workers' Compensation

Rhode Island

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Rhode Island

Workers' compensation coverage can be provided by the PEO or client/co-employer; however, each party must receive a certificate of insurance from the other party's carrier.

See: Rhode Island - Employee Leasing Workers' Compensation Regulation

Exclusive remedy benefits apply to both the certified PEO and client/co-employer.

Agency Web Site: Rhode Island Division of Workers' Compensation

South Carolina

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in South Carolina

Workers' compensation coverage can be provided by the PEO or client/co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: S.C. Workers' Compensation Commission

Tennessee

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Tennessee

Workers' compensation coverage can be provided by the PEO or client/co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer.

Agency Web Site: Tennessee Dept. of Labor & Workforce Development

Texas

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: Texas Dept. of Insurance
State Specific Requirements for PEOs in Texas

Workers' compensation coverage can be provided by the PEO or client/co-employer; however, workers' compensation insurance is optional coverage in Texas.
See: Texas Labor Code - Workers' Compensation Insurance Coverage

Exclusive remedy benefits apply to both licensed PEO and client/co-employer, if coverage is provided.

Agency Web Site: Texas Dept. of insurance - Division of Workers' Compensation

Utah

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Utah

Workers' compensation coverage can be provided by the PEO or client/co-employer. If provided by the PEO, the client must be listed as an additional named insured.

Exclusive remedy provisions apply to both the Client and a licensed PEO, assuming coverage is in place for all employees.

Agency Web Site: Utah Labor Commission - Division of Industrial Accidents

Vermont

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Vermont

Workers' compensation coverage can be provided by the PEO or client/co-employer, but client modifier must be used if one exists.

Exclusive remedy benefits apply to both the licensed PEO and client/co-employer, if coverage is in effect.

Agency Web Site: Vermont Department of Labor

Virginia

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Virginia

Workers' compensation coverage can be provided by the PEO or Client/Co-employer.

Exclusive remedy benefits apply to both PEO and client/co-employer, assuming all employees are covered by a workers’ compensation policy.

Agency Web Site: Virginia Workers' Compensation Commission

Washington

NCCI
MONOPOLOSTIC
MCP
No
Workers Compensation Information
Rating Bureau: Monopolistic State

Workers' Compensation, referred to as "Industrial Insurance" in Washington State, must be provided by Client; however, PEO must establish an industrial insurance subaccount for each client account.

See: Washington State - Directive for Dual Employers

Exclusive remedy might not extended to the PEO, depending on the circumstances.

Agency Web Site: Washington State Department of Labor & Industries

West Virginia

NCCI
OTHER
MCP
No
Workers Compensation Information
Rating Bureau: See: www.brickstreet.com

West Virginia requires PEO registration.
See: Employee Leasing Regulations

Exclusive remedy applies to the PEO & Client.

Agency Web Site: West Virginia Offices of the Insurance Commissioner
Also see: www.brickstreet.com

Wisconsin

NCCI
NCCI
MCP
No
Workers Compensation Information
Rating Bureau: NCCI
State Specific Requirements for PEOs in Wisconsin

PEO is required to provide workers’ compensation coverage.

Exclusive remedy benefits will likely apply to both PEO and client/co-employer, assuming all employees are covered and the injury was unintentional; however, there is no firm guideline on who is deemed the employer.

See: Wisconsin - PEO/Client Reporting Requirement
See: Wisconsin - PEO/Client Reporting Form

Agency Web Site: Wisconsin Dept. of Workplace Development - Worker's Compensation

Wyoming

NCCI
MONOPOLOSTIC
MCP
No
Workers Compensation Information
Rating Bureau: Monopolistic State: Rates Set by Industry Group.
See: Wyoming - Rates & Classifications

Coverage must be in client’s name; PEO must be named as an additional insured on the worker compensation coverage to obtain exclusive remedy benefits.

Agency Web Site: Wyoming - Department of Employment