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Workers’ Compensation Insurance Requirements in New Hampshire
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Workers’ Compensation Insurance Requirements in New Hampshire
New Hampshire contractors operate in a state with no minimum headcount before coverage kicks in and steep penalties for skipping it. Sitting modestly above the national median overall, and with roofing and concrete work priced well above electrical and plumbing, New Hampshire contractors need coverage sized correctly to the trade they’re bidding.
New Hampshire Workers’ Compensation Legal Requirements
RSA 281-A:5 requires every New Hampshire employer to secure workers’ comp coverage starting with the first employee, whether full-time or part-time.
- Coverage is mandatory from the 1st employee, with no small-business exemption
- Sole proprietors and partners are not required to cover themselves, and corporations/LLCs with 3 or fewer executive officers/members and no other employees may elect out, but coverage becomes mandatory at the 4th
- Noncompliance under RSA 281-A:7 can carry a civil penalty up to $2,500 plus up to $100 per employee per day of noncompliance (capped at one year’s accrual), a court injunction against continuing operations, and personal liability for those controlling the business; purposeful noncompliance is treated as a serious criminal offense
- Employers must file an Employer’s First Report of Injury (Form 8WC) with NH DOL within 5 days of learning of a workplace injury
How New Hampshire’s Workers’ Comp System Works
System type: Private Carrier Market
New Hampshire is a competitive private-carrier state with no state fund — employers purchase coverage directly from licensed private insurers. New Hampshire ranks 18th of 51 on the Oregon DCBS 2024 rate study with an index rate of 1.22, putting it about 12% above the national median overall.
How New Hampshire’s Rates Compare by Trade
| Trade (NCCI Class Code) | National Rank (of 51) | Rate per $100 of Payroll |
|---|---|---|
| Roofing (Class 5551) | 16th of 51 | $12.83 |
| Electrical Wiring (Class 5190) | 11th of 51 | $2.97 |
| Plumbing NOC (Class 5183) | 15th of 51 | $3.20 |
Source: Oregon Dept. of Consumer and Business Services, 2024 Workers’ Compensation Premium Rate Ranking Study (published June 2025) — the only study benchmarking all 50 states plus DC on a common industry mix.
Filing a Workers’ Comp Claim in New Hampshire
When an employer learns of a workplace injury, they must file an Employer’s First Report of Injury (Form 8WC) with the New Hampshire Department of Labor within 5 days, per RSA 281-A:53. Note that the DOL does not automatically forward this report to the carrier — employers must separately notify their insurer to get the claims process moving.
Penalties for Non-Compliance
New Hampshire noncompliance under RSA 281-A:7 can carry a civil penalty up to $2,500 plus up to $100 per employee per day of continued noncompliance, a court injunction against operating, and personal liability for those controlling the business; deliberate noncompliance is treated as a serious criminal offense under state law.
Resources: New Hampshire RSA 281-A – Workers’ Compensation Law, NH Department of Labor – Workers’ Compensation, NH DOL – Employer’s First Report of Injury Form
How Much Does Workers’ Comp Insurance Cost in New Hampshire?
New Hampshire runs above the national median overall, and roofing in particular carries a steep premium relative to electrical and plumbing trades due to fall-risk claims.
| Trade | Estimated Cost per $100 Payroll | What Drives It |
|---|---|---|
| Roofing | $12.83 (per the Oregon study’s Class 5551 rate) | High fall-hazard claims severity |
| Electrical | $2.97 (Class 5190) | Moderate claims frequency for licensed electrical work |
| Plumbing | $3.20 (Class 5183) | Injury claims tied to physical strain and equipment use |
What Moves the Price Up or Down
- Whether your business structure qualifies for the officer/member coverage election
- Your experience modification factor from past claims
- Total classified payroll across all trades on a job
- Which private carrier you select in New Hampshire’s open market
Rates shown are from the Oregon DCBS 2024 Workers’ Compensation Premium Rate Ranking Study and represent base index comparisons, not a quote. Actual premium depends on experience mod, claims history, and payroll — get a Trade Safe quote for exact pricing.
Frequently Asked Questions
Does a New Hampshire contractor with one employee need workers’ comp?
Yes. RSA 281-A:5 requires coverage from the first employee, full-time or part-time, with no small-business exemption.
Do New Hampshire sole proprietors have to carry coverage on themselves?
No. Sole proprietors and partners aren’t required to self-cover, and small corporations or LLCs with 3 or fewer executive officers/members and no other employees may elect out — but the 4th employee triggers mandatory coverage.
Is there a state fund for workers’ comp in New Hampshire?
No. New Hampshire is a competitive private-carrier state with no state fund; coverage comes from licensed private insurers.
What happens if a New Hampshire employer is caught without coverage?
They face a civil penalty up to $2,500 plus up to $100 per employee per day of noncompliance, a possible court injunction against operating, personal liability for those controlling the business, and exposure to serious criminal charges for willful noncompliance.
Workers’ compensation requirements can change — verify current rules with the New Hampshire Department of Labor before making coverage decisions.
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