Most Maine businesses need workers compensation the day they hire their first employee, general liability that landlords and clients insist on, and property or a package policy for their equipment. Workers comp is the coverage Maine law actually forces on you, and it starts with employee number one: there is no headcount minimum and no exception for part-time, seasonal, or family staff.
Who this is for: Maine owners, from a one-truck contractor in Bangor to a 20-person shop in Portland, who want to know what the state requires, what their contracts require, and how to buy coverage without overpaying.
The short version
- Workers comp is required from your first employee. Maine has no minimum headcount and no part-time exception. Hire one person and you must secure coverage (39-A M.R.S. section 401).
- General liability is not a state mandate for most businesses, but nearly every lease, client contract, and general contractor requires it before you can start work.
- Owners are treated by their business type. Sole proprietors, partners, and LLC members are left out by default, while a working for-profit corporate officer is covered by default unless they own at least 20 percent and file an approved waiver.
- Skipping workers comp is costly. A penalty of up to 10,000 dollars, or 108 percent of the premium you should have paid, whichever is larger, a Class D crime for a knowing violation, and personal liability are all on the table.
- You buy on the open market. Private carriers compete for your business, and the state-created MEMIC both competes and serves as the guaranteed insurer of last resort if no one else will take you.
What Maine actually requires
Only a couple of these are true legal mandates. The rest get required by the people you do business with, which in practice is just as binding.
| Coverage | Required by Maine law? | Who needs it | What is at stake |
|---|---|---|---|
| Workers compensation | Yes, 39-A M.R.S. section 401 | Every private employer with one or more employees | Up to 10,000 dollars or 108 percent of unpaid premium, a Class D crime, personal liability |
| Commercial auto | Yes, if you own or use business vehicles | Any business-owned or leased vehicle | Registration problems, uninsured liability |
| General liability | No state mandate | Required by most leases, clients, and general contractors | Lost contracts, blocked from a job site |
| Professional liability (errors and omissions) | No state mandate | Consultants, tech, design, and accounting firms, often by contract | Uncovered claims, lost contracts |
| Commercial property or a package policy | No state mandate | Anyone with a space, inventory, or equipment; landlords often require it | Out-of-pocket losses, lease default |
The 14 workers comp questions Maine owners ask
Workers comp is where most of the confusion and most of the risk live, so we wrote a plain-English guide for every common situation. Start with the Maine workers comp overview, then jump to the one that matches your business:
- I own an LLC
- I am a sole proprietor
- I own a corporation (C-corp or S-corp)
- We are a partnership
- We are a nonprofit
- My workers are 1099 contractors
- I only have part-time or seasonal staff
- I only employ family members
- My team is remote or out of state
- What happens if I do not have it
- How much it costs
- How to get it, even if I have been turned down
- What insurance a contractor needs
A Portland example
Illustrative, not a quote. Dave runs a four-person landscaping LLC in Portland. As an LLC member he is left off the policy by default, so Maine does not require him to cover himself, but his three employees must be covered from their first day on the job. He buys workers comp for the crew and adds general liability so he can sign with the property managers who hire him. When a crew member strains his back lifting a stone bench, comp pays the medical bills and part of his lost wages, and Dave owes nothing out of pocket on the claim. See the trade detail on our workers comp for landscapers page.
Real questions Maine owners ask
Do I need workers comp for my Maine business?
Yes, if you have any employees. Maine requires workers comp from the first worker under 39-A M.R.S. section 401, with no minimum headcount and no exception for part-time or seasonal staff.
I just hired my first employee in Maine. Do I need it right away?
Yes. Maine requires workers comp the moment you have even one employee, full or part time, with no waiting period and no minimum headcount. Put a policy in place before that person starts work.
Do I have to cover myself as the owner?
It depends on your business type. Sole proprietors, partners, and LLC members are left out by default and do not have to cover themselves. A working for-profit corporate officer is covered by default and can waive out only if they own at least 20 percent.
Is general liability insurance required in Maine?
The state does not make general liability mandatory for most businesses, but landlords, clients, and general contractors almost always require it before they will sign with you, so in practice you usually need it.
What happens if I skip workers comp?
Maine can charge a penalty of up to 10,000 dollars, or 108 percent of the premium you should have paid, whichever is larger, treat a knowing violation as a Class D crime, and let an injured worker sue you. The person responsible for getting coverage can be personally liable.
Does Maine have a state insurance fund?
Yes. MEMIC is a state-created mutual insurer that competes with private carriers and also serves as the guaranteed insurer of last resort, so coverage is available even if private carriers decline your business.
I am based out of state with a worker in Maine. Do I need Maine coverage?
Often yes. Short temporary work may run on your home-state policy if it meets Maine's narrow reciprocity conditions, but once the work is ongoing or you hire someone in Maine, you need Maine coverage for them.
Why Maine owners choose Morrow
- We shop the right market for you. In Maine you buy workers' comp on the open market from any carrier licensed in the state, with the state-created MEMIC competing alongside private insurers and also standing as the guaranteed insurer of last resort, so we can shop your price freely and still have a fallback if you are hard to place.
- 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 Maine guides
Every Maine 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 Maine (start here)
- 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 partnership: do we need workers comp?
- 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 coverage?
- What happens if I don't carry workers comp?
- How much does workers comp cost?
- 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
- What workers comp does not cover
- Maine landscaper workers comp
This guide is general information, not legal advice. Maine rules and penalty amounts can change, so verify current requirements with Maine Workers' Compensation Board (WCB) or a licensed advisor before you rely on them. Last updated: July 2026.