I Only Employ Family in WA: Do I Need Comp?

If you pay family members to work in your Washington business, they are usually covered workers and must be insured through the state fund at the Department of Labor and Industries (L&I) from the first hour, just like anyone else. Being related to the owner is not a general exemption. There are a couple of narrow carve-outs, most importantly a child under 18 working for a parent on the family farm, and the way family owners are treated depends on the business type. So the answer turns on who is an owner and who is simply a paid family employee.

Who this is for: Washington owners of family businesses who employ a spouse, children, parents, or other relatives, with or without outside staff.

The short version

  • Paid family employees are generally covered from the first hour, the same as any worker.
  • The main family carve-out is a child under 18 working for a parent on the family farm.
  • Family owners can be left off if they qualify as sole proprietors, partners, or corporation and LLC owners.
  • A family corporation can exempt any number of officers if all of them are close relatives.
  • You buy only from the state fund; there is no private carrier to shop in Washington.

Family employees versus family owners

The key split is whether a relative is a paid employee or an owner. A relative you pay as an employee is a covered worker from the first hour, whether they are your spouse, your adult child, or a cousin, and their hours must be reported. A relative who is an owner is treated under the owner rules: a sole proprietor or partner is off by default, and a qualifying corporation officer or LLC manager-member is off by default too. Washington even gives family corporations extra room, because the usual cap of eight exempt officers does not apply when every exempt officer is related by blood within the third degree or by marriage, so an all-family corporation can leave all of its officers off the policy.

How family roles are treated

Family roleCovered?Notes
Relative paid as an employeeYes, from the first hourReport their hours like any worker
Child under 18 working for a parent on the family farmExcludedThe narrow family-farm carve-out
Family sole proprietor or partnerOff by defaultMay elect their own coverage
Family corporation officers, all relatedOff by defaultNo eight-officer cap when all officers are close relatives

Getting it right in a family business

Two mistakes are common. The first is assuming a spouse or child on the payroll is automatically exempt; unless they are an owner who qualifies, or fall under the family-farm carve-out, they are covered and their hours must be reported. The second is over-claiming the farm exemption; it applies only to a child under 18 working for a parent, not to adult relatives or to non-farm work. When in doubt, treat a paid relative as a covered worker. And because the state fund pays benefits but does not defend a lawsuit, a family business with employees usually adds stop-gap employers liability to its general liability policy.

A Yakima example

Illustrative, not a quote. A Yakima family runs a cleaning company as an S-corporation, with two spouses as officers and a nephew paid hourly to clean. Because both officers are related and are directors and shareholders, the corporation can leave them off the policy. The nephew, though, is a paid employee, so he is covered through L&I from his first hour and his hours are reported. The company adds stop-gap employers liability to its liability policy in case of an injury lawsuit. See our workers comp for cleaning businesses page.

Real questions Washington owners ask

Do I need workers comp for family members in Washington?

Usually yes. A relative you pay as an employee is a covered worker from the first hour, the same as anyone else. Being related to the owner is not a general exemption in Washington.

Is there any exemption for family workers?

The main one is narrow: a child under 18 working for a parent on the family farm is excluded. It does not cover adult relatives or non-farm work, so do not stretch it.

What if my family members are owners, not employees?

Then the owner rules apply. A sole proprietor or partner is off by default, and a qualifying corporation officer or LLC manager-member is off by default, though each can elect their own coverage.

Can an all-family corporation leave every officer off?

Yes. The usual cap of eight exempt officers does not apply when every exempt officer is related by blood within the third degree or by marriage, so an all-family corporation can exempt all of its officers.

Is my spouse on the payroll automatically exempt?

No, not if they are a paid employee rather than a qualifying owner. A spouse paid as an employee is a covered worker from the first hour and their hours must be reported to the state fund.

Where do I buy the coverage?

Only from the state fund at Labor and Industries. Washington does not allow private workers comp carriers, so you open an L and I account and report your workers' hours rather than shopping for a policy.

Does the state policy defend a family business in a lawsuit?

No. The state fund pays a hurt worker's benefits but does not provide a legal defense. Family businesses with employees usually add stop-gap employers liability to their general liability policy for that.

Why Washington owners choose Morrow

  1. We shop the right market for you. In Washington, workers' compensation is sold only through the state fund at the Department of Labor and Industries (L&I), with no private carriers to shop, so we help you open and run your L&I account correctly and place the stop-gap employers liability and other business coverages the state fund does not include.
  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 Washington guides

Every Washington 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. Washington rules and penalty amounts can change, so verify current requirements with the Washington State Department of Labor and Industries (L&I) or a licensed advisor before you rely on them. Last updated: July 2026.