If your Massachusetts partnership has employees, yes, you need workers comp for them, starting with the first hire. The partners themselves are not required to be covered, because the state treats general partners as owners rather than employees. So a two-partner shop with no other staff usually needs nothing, while the same partnership with one employee must cover that person from day one.
Who this is for: General partnerships and limited liability partnerships (LLPs) in Massachusetts working out whether the state requires workers comp for the partners, for their staff, or for a client who wants proof.
The short version
- Employees: covered from the first hire, part-time included.
- Partners: not required to cover themselves; each may opt in.
- No employees: generally no policy required.
- LLP vs general partnership: same rule for the partners.
- 1099 workers: Massachusetts rarely lets you treat real workers as contractors.
Who must be covered in a partnership?
| Who | Covered? | Notes |
|---|---|---|
| General partner or LLP partner | Not required | May elect to be included |
| Employee | Yes | From the first hire, part-time included |
| Family member on payroll | Yes | No family exemption in Massachusetts |
| 1099 worker | Usually yes | Only a truly independent business passes the state test |
Should a partner opt in?
A partner who does physical or field work is often smart to opt in. If you are excluded and get hurt on a job, workers comp pays you nothing, so the medical bills and lost income come out of your own pocket. Opting in adds the partner's pay to the premium base, so it costs more, but it closes that gap. Partners who work at a desk and carry their own health insurance more often leave themselves out. Either choice is fine; it is a trade-off between cost and your own protection.
A quick Massachusetts example
Illustrative, not a quote. Two partners open a restaurant in Cambridge and hire five kitchen and front-of-house staff. The five employees must be covered from the day they start. The partners are not required to cover themselves, but one partner works the line every night, so she opts in; the other handles the books and stays out. Their workers comp policy runs a few thousand dollars a year. When a line cook grabs a hot pan and burns his hand, workers comp covers the treatment and his time off, and the partners pay nothing on the claim. Trade detail lives on our workers comp for restaurants page.
Real questions Massachusetts owners ask
We're a partnership in Massachusetts. Do we need workers comp?
If the partnership has any employees, yes, they must be covered from the first hire. The partners themselves are not required to be covered, though each partner can choose to opt in.
Do the partners have to cover themselves?
No. Like sole proprietors and LLC members, general partners are treated as owners, not employees, so Massachusetts does not require you to cover the partners. You may elect coverage for yourselves if you want it.
We have no employees, just the two partners. Do we need a policy?
Generally no. A partnership with no employees beyond the partners is not required to carry workers comp. Clients and general contractors may still ask for proof of coverage before hiring you.
Can a partner add themselves to the policy?
Yes. Each partner can elect to be included. It increases the premium because the partner's pay is added to the payroll the price is based on, but it means that partner's own on-the-job injuries are covered.
Does it matter if we're an LLP instead of a general partnership?
For this purpose, no. Partners in a limited liability partnership are treated like general partners for workers comp: not required to cover themselves, free to opt in, and required to cover any employees.
One partner also does physical work on job sites. Should they opt in?
Often yes. If a partner is doing hands-on work and does not have separate health coverage, opting into the policy means a job-site injury is paid by workers comp instead of out of pocket.
Can we treat our workers as 1099 to avoid coverage?
Almost never in Massachusetts. The state uses a strict test and treats most workers as employees. If the people doing your work are really working for the partnership, they must be covered.
Why Massachusetts owners choose Morrow
- We shop the whole Massachusetts market for you. Massachusetts has no state-run insurer, so coverage comes from private carriers, or, if no carrier will take you, from the state's backup option (officially the Massachusetts Workers' Compensation Assigned Risk Pool, run through WCRIBMA, the licensed bureau that administers that pool). We check both so you are not stuck with the first price you are handed.
- We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
- Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
- We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
- Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.
Related Massachusetts guides
Every Massachusetts business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.
- Business insurance in Massachusetts (start here)
- Massachusetts workers comp: the owner's overview
- I own an LLC: do I need workers comp?
- I'm a sole proprietor: do I need workers comp?
- I own a corporation (C-corp or S-corp): do I need it?
- We're a nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- Only part-time or seasonal staff: do I need it?
- I only employ family: do I need workers comp?
- Remote or out-of-state staff: do I need MA coverage?
- What happens if I don't carry workers comp?
- How much does workers comp cost in Massachusetts?
- How do I get workers comp (even if turned down)?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- Hiring your first employee: what changes
- Do sole proprietors need workers comp?
- Workers comp for restaurants
This guide is general information, not legal advice. Massachusetts rules and penalty amounts can change, so verify current requirements with the Massachusetts Department of Industrial Accidents or a licensed advisor before you rely on them. Last updated: July 2026.