We're a Vermont Partnership: Do We Need Comp?

If you run a Vermont partnership and it has any employees, yes, it must carry workers compensation insurance from the first worker under 21 V.S.A. 687. 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 in a policy. A partnership made up only of partners, with no other employees, is generally not required to carry a policy, though the partners can choose to insure themselves.

Who this is for: General partners in a Vermont partnership, whether a two-partner shop with no staff or a partnership with a payroll of employees.

The short version

  • A Vermont partnership with any non-partner employees must carry workers comp from the first hire.
  • Partners are treated as self-employed owners and are left out by default, the same as sole proprietors.
  • Each partner may elect to include themselves in the policy if they want their own injuries covered.
  • This is the opposite of a corporation or LLC, whose owners are covered by default and must opt out.
  • Employees of the partnership are always covered; the include-or-not choice applies to the partners.

How partners are covered

Vermont 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, which is the reverse of how the state treats a corporation's officers or an LLC's members. A firm made up only of partners, with no other staff, is not required to carry a policy, but the partners can elect coverage 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

WhoCoverage positionNotes
General partnerLeft out by default, may elect inEach partner may choose to insure their own injuries
Firm with only partners, no employeesNot requiredPartners may elect coverage if they want it
Firm with one or more employeesRequiredEvery employee must be covered from day one
Employee of the partnershipCoveredEmployees 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 drop the comp system and 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, and the uninsured firm even carries the burden of proving it was not negligent. Because a judgment can reach the partners personally, going uninsured concentrates risk on the very people who own the business, on top of the state fines and a stop-work order. Carrying a policy makes comp the worker's main remedy and generally blocks the lawsuit, protecting both the firm and the partners.

A Rutland example

Illustrative, not a quote. Two partners run a plumbing partnership in Rutland with three employed plumbers. Both partners still work in the field, so they each 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 Vermont owners ask

Does a Vermont 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 in Vermont?

Only if the partnership elects to include you. Like a sole proprietor, a partner is left out by default and is not required to be covered. You may elect to insure your own injuries in the policy.

Is a partner treated like a corporation's officer?

No, the opposite. A partner is out by default and elects in, while a corporation's officer or an LLC's member is covered by default and must file to opt out. Vermont points these two setups in opposite directions.

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.

Why Vermont owners choose Morrow

  1. We shop the right market for you. In Vermont 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 Vermont Workers' Compensation Insurance Plan (the assigned risk pool) is the guaranteed fallback, so we can shop your rate freely and still have a backstop for hard-to-place work.
  2. 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.
  3. 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.
  4. 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.
  5. Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.

Related Vermont guides

Every Vermont 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.

This guide is general information, not legal advice. Vermont rules and penalty amounts can change, so verify current requirements with Vermont Department of Labor, Workers' Compensation and Safety Division or a licensed advisor before you rely on them. Last updated: July 2026.