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STATE REQUIREMENTS

When Kentucky requires workers’ compensation

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In Kentucky, workers' compensation is required from the first employee. Part-time and seasonal employees count, and out-of-state employers must cover work performed in Kentucky. Sole proprietors, partners and LLC members can choose to be covered. An employee may reject coverage only by filing a Form 4 waiver. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Kentucky rules with sources
TopicThe rule in KentuckySource
Who must carry itEvery employer with one or more employees must carry workers' compensation; agricultural employers and a few other categories are exempt.KRS 342.630, 342.640, 342.990; Kentucky Department of Workers' Claims
Who counts as an employeePart-time and seasonal employees count, and out-of-state employers must cover work performed in Kentucky.Kentucky Department of Workers' Claims
Owners, officers and LLC membersSole proprietors, partners and LLC members can choose to be covered. An employee may reject coverage only by filing a Form 4 waiver.KRS 342.630, 342.640, 342.990
If you go withoutUninsured employers face fines per day of non-compliance, can be enjoined from operating, and are liable for benefits.Kentucky Department of Workers' Claims

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Kentucky

Every employer with one or more employees must carry workers' compensation; agricultural employers and a few other categories are exempt.

Who counts as an employee

Part-time and seasonal employees count, and out-of-state employers must cover work performed in Kentucky. The label on the paycheck does not settle it: Kentucky applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Sole proprietors, partners and LLC members can choose to be covered. An employee may reject coverage only by filing a Form 4 waiver. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

Uninsured employers face fines per day of non-compliance, can be enjoined from operating, and are liable for benefits. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Kentucky. When does the policy have to be in place?

Before the first shift if the threshold is met. Kentucky requires coverage from the first employee, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Kentucky?

The form you file does not decide it. Kentucky applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Kentucky?

Sole proprietors, partners and LLC members can choose to be covered. An employee may reject coverage only by filing a Form 4 waiver. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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