Our WY Nonprofit: Do We Need Workers Comp?

If your Wyoming nonprofit has paid staff doing extra-hazardous work, yes, it must carry workers compensation on them through the state fund at the Department of Workforce Services (DWS), from the first day they work. Being a nonprofit does not create an exemption; the state looks at the kind of work and at whether people are paid, not at your tax status. Your volunteers are outside the rules, and paid staff in covered work, including a paid executive director, are covered like any other employees.

Who this is for: Wyoming nonprofits with employees, paid executives, or a mix of paid staff and volunteers.

The short version

  • Paid staff doing extra-hazardous work must be covered through DWS from the first day; nonprofit status is not an exemption.
  • Volunteers, who receive no pay, are outside the rules.
  • A paid executive director or other paid staff in covered work is a covered employee, not an exempt owner. A person who holds a corporate-officer title is different: left off by default, and added only by a state election, the same as any corporation's officers.
  • You buy only from the state fund; no private carrier sells the mandatory coverage in Wyoming, so there is nothing to shop.
  • The nonprofit pays the full premium as an employer cost, and staff pay nothing toward it.

Staff, officers, and volunteers

Two things decide coverage: whether the work is on the extra-hazardous list, and whether the person is paid. Anyone your nonprofit pays to do covered work is generally a covered employee from the first day, whether they are full-time, part-time, or seasonal, and their wages must be reported to DWS. Volunteers, who receive no pay, are outside the rules, though a nonprofit can choose to carry separate accident coverage for them. The officer question works the same for a nonprofit as for any Wyoming corporation. A person who holds a corporate-officer title, such as president, treasurer, or secretary, is left off the policy by default, and the nonprofit can elect to cover that officer by filing with DWS, exactly as a for-profit corporation elects for its officers; there is no special nonprofit rule. A paid executive director or program lead who holds no officer title, though, is simply a paid employee and is covered in covered work like anyone else. When in doubt, treat anyone you pay for covered work as a covered worker, and file an election for any titled officer you also want protected.

Who counts at your nonprofit

PersonCovered?Notes
Paid employees in extra-hazardous workYes, from the first dayNo headcount minimum; part-time and seasonal count
Paid executive director or staff, no officer titleYes, from the first dayA paid non-officer role in covered work is a covered employee
A titled corporate officer (president, treasurer, secretary)Not by defaultLeft off unless the nonprofit files a DWS election, the same as any corporation's officers
VolunteersNot requiredOutside the rules; consider separate accident coverage
A spouse or dependent living in the householdGenerally notHousehold and domestic workers sit outside the rules regardless of industry

Getting the setup right

Two practical steps keep a nonprofit out of trouble. First, if you pay anyone for extra-hazardous work, open a DWS account and report their wages; do not assume a small stipend or a part-time role escapes the rule. Second, decide how you handle volunteers, since a serious injury to an unpaid volunteer would not be paid by an employee policy, and some nonprofits carry separate accident insurance for volunteers. Finally, because the state fund pays benefits but does not defend a lawsuit, adding stop-gap employers liability to your general liability policy protects the organization if a paid worker sues over an injury.

A Cody example

Illustrative, not a quote. A Cody nonprofit runs a trail-building program with a paid director, two part-time crew leaders, and a roster of weekend volunteers. The director and the two crew leaders are paid and their outdoor construction work is extra-hazardous, so all three are covered through DWS from the first day, and the nonprofit pays the whole premium. The volunteers are outside the rules, but the board carries separate accident coverage for them and adds stop-gap employers liability to the general liability policy. See our workers comp for nonprofits page.

Real questions Wyoming owners ask

Does our Wyoming nonprofit need workers comp?

If you pay anyone to do extra-hazardous work, yes, through the state fund at DWS, from the first day. Nonprofit status is not an exemption. Only your unpaid volunteers sit outside the rules.

Are our volunteers covered?

Not automatically, because volunteers are outside the rules. An employee policy would not pay a volunteer's injury, so some nonprofits carry separate accident insurance for their volunteers.

Is our paid executive director exempt as an officer?

It depends on whether the director holds a corporate-officer title. A paid executive director who is staff, with no officer title, is a covered employee like any other paid worker in covered work. If that person also holds a titled office, such as president or treasurer, the officer is left off the policy by default and the nonprofit can elect to cover them by filing with DWS, the same as any corporation's officers; there is no special nonprofit exemption.

Where do we buy coverage?

Only from the state fund at the Department of Workforce Services, known as DWS. Wyoming does not allow private workers comp carriers for the mandatory coverage, so you open a state account and report your paid staff's wages.

Do part-time staff and small stipends count?

Yes. Wyoming has no part-time exception, and paying someone for covered work generally makes them a covered employee. Do not assume a small stipend or a few hours a week escapes the rule; confirm it.

Can we deduct the premium from a staff member's pay?

No. Workers comp is an employer cost, so the nonprofit pays the whole premium and staff pay nothing toward their own coverage.

Does the state policy defend our nonprofit in a lawsuit?

No. DWS pays a hurt worker's benefits but does not provide a legal defense. Nonprofits with paid staff usually add stop-gap employers liability to their general liability policy for that.

Why Wyoming owners choose Morrow

  1. We shop the right market for you. In Wyoming, mandatory workers compensation is sold only through the state, by the Department of Workforce Services (DWS), with no private carrier selling that mandatory coverage, so we help you open and run your state 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 Wyoming guides

Every Wyoming 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. Wyoming rules and penalty amounts can change, so verify current requirements with Wyoming Department of Workforce Services (DWS), Workers' Compensation Division or a licensed advisor before you rely on them. Last updated: July 2026.