If you run a Maine partnership, and it has any employees, yes, it must carry workers compensation insurance from the first worker under 39-A M.R.S. section 401. Partners themselves are left out of the definition of employee, so the state does not require partners to cover their own injuries, and they file no form to be left out. A partnership with no employees other than the partners is generally not required to carry a policy at all.
Who this is for: General partners in a Maine partnership, whether a two-partner shop with no staff or a partnership with a payroll of employees.
The short version
- A Maine partnership with any non-partner employees must carry workers comp from the first hire.
- Partners are left out of the definition of employee, so the state does not require them to cover themselves.
- Partners file no waiver form to be excluded, the same as sole proprietors and LLC members.
- Employees of the partnership are always covered; the partners are the part that is optional.
- General partners can be personally exposed if an uninsured worker sues the firm.
How partners are treated
Maine writes partners out of the workers comp system by default. A partner is not the firm's employee, so the state does not force coverage on the partners, and there is no waiver form to file to stay out. What the exemption does not do is pay a partner's own on-the-job injuries; that protection is not on the policy unless the partner arranges it. Partners who do physical or field work often ask to add themselves; partners who only manage the business often do not. Either way, the exemption for the partners does not touch the duty to cover the firm's employees.
Partners and staff on one policy
| Who | Default | Notes |
|---|---|---|
| General partner | Left out of coverage | No form to file; own injuries are not on the policy |
| Employee of the partnership | Covered | Employees are always covered by the policy |
| Firm with only partners, no employees | Not required | Partners may arrange coverage for themselves if they take a policy |
| Spouse, parent, or child of a partner who works there | Covered unless they waive | Can waive their own benefits with an approved state form |
Why personal exposure raises the stakes
In a general partnership, the partners can be personally liable for the firm's obligations. If the partnership fails to carry required comp, an injured worker can sue in civil court once the firm loses its exclusive-remedy protection, and the person responsible for getting coverage can be held personally liable for the failure. Going uninsured concentrates risk on the very people who own the business. Carrying a policy makes comp the worker's exclusive remedy and generally blocks the lawsuit, protecting both the firm and the partners.
A Bangor example
Illustrative, not a quote. Two partners run a plumbing partnership in Bangor with three employed plumbers. Both partners still work in the field, so they arrange to include themselves rather than rely only on health coverage, and they cover all three employees. A general contractor they subcontract for requires proof of coverage, which the firm produces right away because the policy is already in place. When an employee strains his back lifting a water heater, comp pays and the partnership keeps its protection from being sued over the injury (the exclusive remedy). The partners ask us to review their payroll so the plumbing work is rated correctly. See our workers comp for plumbers page.
Real questions Maine owners ask
Does a Maine partnership have to carry workers comp?
If it has any employees other than the partners, yes, from the first hire. A firm with only partners and no employees generally is not required to carry it, because partners are left out of the employee definition.
Am I covered as a general partner?
Not by default. Maine leaves partners out of the definition of employee, so your own injuries are not on the policy unless you arrange to include yourself. You file no form to be left out.
Do partners file a waiver to be excluded in Maine?
No. Like sole proprietors and LLC members, partners are left out of workers comp without any waiver form. Only a for-profit corporate officer files a form to change their status.
Can one partner be covered and another left off?
Yes. Coverage for a partner is arranged partner by partner. A partner who does field work can ask to be included while a partner who only manages the office stays off, which keeps that pay out of the premium.
Are our employees covered if the partners stay off?
Yes. Leaving the partners off does not affect the staff. Employees of the partnership are always covered by the policy regardless of whether the partners add themselves or not.
Can an injured worker reach the partners personally?
In a general partnership, partners can be personally liable for the firm's obligations, and the person responsible for getting coverage can be held liable for going uninsured. Carrying comp makes it the worker's exclusive remedy.
Is workers comp the same as our general liability policy?
No. General liability covers harm to other people and their property, while workers comp covers your own workers' on-the-job injuries. A client contract may require both, and they do different jobs.
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 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)
- Do sole proprietors need workers comp?
- What workers comp does not cover
- Maine plumber 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.