If you run a New Hampshire partnership and it has any employees, yes, it must carry workers compensation insurance from the first worker under RSA 281-A:5. The partners themselves are treated like self-employed owners: they are not required to cover their own injuries, but each may elect to include themselves under RSA 281-A:3. A partnership with no employees other than the partners is generally not required to carry a policy, though the partners can choose to insure themselves.
Who this is for: General partners in a New Hampshire partnership, whether a two-partner shop with no staff or a partnership with a payroll of employees.
The short version
- A New Hampshire partnership with any non-partner employees must carry workers comp from the first hire.
- Partners are treated as self-employed owners and are not required to cover their own injuries.
- Each partner may elect to include themselves under RSA 281-A:3 if they want their own injuries covered.
- Employees of the partnership are always covered; the include-or-not choice applies to the partners.
- General partners can be personally exposed if an uninsured worker sues the firm.
How partners are covered
New Hampshire does not count a general partner as an automatic employee. Like a sole proprietor, a partner is outside the system unless the partnership elects to include them. A firm made up only of partners, with no other staff, is not required to carry a policy, but the partners can elect coverage under RSA 281-A:3 to insure their own on-the-job injuries. Once the partnership hires even one non-partner employee, a policy becomes mandatory for that worker. So the firm decides, partner by partner, whether each one is on the policy, while any employees must always be covered.
Partners and staff on one policy
| Who | Coverage position | Notes |
|---|---|---|
| General partner | Not required, may elect in | Each partner may choose to insure their own injuries |
| Firm with only partners, no employees | Not required | Partners may elect coverage if they want it |
| Firm with one or more employees | Required | Every employee must be covered from day one |
| Employee of the partnership | Covered | Employees are always covered by the policy |
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, where the firm loses the defenses that the worker was careless, knew the risk, or was hurt by a co-worker. Because a judgment can reach the partners personally, going uninsured concentrates risk on the very people who own the business. A purposeful failure to secure coverage is also a class B felony in New Hampshire. Carrying a policy makes comp the worker's main remedy and generally blocks the lawsuit, protecting both the firm and the partners.
A Keene example
Illustrative, not a quote. Two partners run a plumbing partnership in Keene with three employed plumbers. Both partners still work in the field, so they elect to include themselves rather than stay off the policy, 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 legal protection. The partners ask us to review their payroll so the plumbing work is rated correctly. See our workers comp for plumbers page.
Real questions New Hampshire owners ask
Does a New Hampshire 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 other staff generally is not required to carry it, though the partners may elect coverage.
Am I covered as a general partner?
Only if the partnership elects to include you. Like a sole proprietor, a partner is not automatically covered and is not required to be. You may elect to insure your own injuries under RSA 281-A:3.
Can one partner be covered and another not?
Yes. Coverage of the partners is decided partner by partner. A partner who does field work can elect in while a partner who only manages the office stays off, to keep premium down.
Do we have to cover ourselves if it is just the two partners?
No. A partnership made up only of partners, with no other employees, is not required to carry a policy. The partners may still elect coverage for their own on-the-job injuries if they want it.
Are our employees covered if the partners stay off the policy?
Yes. Leaving the partners off does not affect the staff. Employees of the partnership are always covered by the policy once the firm has any employees, regardless of the partners' choice.
Can an injured worker reach the partners personally?
In a general partnership, partners can be personally liable for the firm's obligations, so a judgment can reach them. Carrying comp makes it the worker's main remedy and generally blocks that lawsuit.
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 New Hampshire owners choose Morrow
- We shop the right market for you. In New Hampshire you buy workers' comp on the open market from any private carrier licensed in the state, because there is no state fund, and if no carrier will take you the NCCI-run assigned risk plan is the guaranteed fallback, so we can shop your rate freely and still have a backstop for hard-to-place work.
- 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 New Hampshire guides
Every New Hampshire 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 New Hampshire (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
- New Hampshire plumber workers comp
This guide is general information, not legal advice. New Hampshire rules and penalty amounts can change, so verify current requirements with New Hampshire Department of Labor, Workers' Compensation Division or a licensed advisor before you rely on them. Last updated: July 2026.