Our Wyoming Partnership: Do We Need Comp?

If your Wyoming partnership has employees 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. The partners themselves are a different story: Wyoming treats partners like sole proprietors, meaning they are left off the policy by default and are not reported as payroll. Partners who want the state fund to pay their own on-the-job injuries can file a state election, but they are never automatically on the policy.

Who this is for: Wyoming general partnerships, from two-person professional partnerships to family partnerships with employees on payroll.

The short version

  • A partnership with any employee in extra-hazardous work must open a DWS account and cover that person from day one.
  • Partners are left off the policy by default, the same way sole proprietors are.
  • Any partner who wants their own injuries covered files a state election, which then stays in place for at least two years.
  • You buy from the state fund only; no private carrier sells the mandatory coverage in Wyoming, so there is nothing to shop.
  • The partnership pays the full premium for employees as an employer cost, and they pay nothing toward it.

How Wyoming treats partners

Partners are not employees under Wyoming law. That means a partnership made up only of partners, with no other staff, owes no mandatory premium. As soon as the partnership hires an employee for extra-hazardous work, that employee must be covered from day one, but the partners still are not required to cover themselves. A partner who wants coverage for their own work injuries files an election with DWS, and the state figures that partner's premium on the statewide average wage. This is the same default that applies to sole proprietors, and it is the opposite direction from where many states put owners, so a partnership that later incorporates should revisit the question.

What applies to your partnership

Your setupMandatory coverage?What to do
Partners only, no other staffNo mandatory premiumEach partner may file a state election to cover themselves
Partners plus employees in extra-hazardous workYes, for the employeesOpen a DWS account and report employee wages; partners may still opt in
Using 1099 helpOften yesA helper is treated as your employee unless the state's three-part test is met

Deciding whether partners opt in

Because partners start off the policy, the choice is individual. A partner doing physical or hazardous work usually elects coverage, since a serious job injury is exactly what the state fund pays for. A partner who works at a desk and carries solid health and disability insurance may stay off. Two reminders: an election is done partner by partner through DWS and has to stay in place for at least two years, and the state fund never pays for a legal defense, so a partnership with employees typically adds stop-gap employers liability to its general liability policy to cover a workplace-injury lawsuit.

A Sheridan example

Illustrative, not a quote. Two partners run a Sheridan accounting practice as a general partnership, and they also operate a small field-audit crew that inspects job sites, which is extra-hazardous work. The crew members are covered through DWS from their first day, and the partnership pays the whole premium. Both partners are off the policy by default; one files an election for herself because she also visits those sites, while the other stays off and relies on personal health insurance. The partnership adds stop-gap employers liability to its liability policy in case of an injury lawsuit. See our workers comp for accountants and bookkeepers page.

Real questions Wyoming owners ask

Does our Wyoming partnership need workers comp?

If you have any employee doing extra-hazardous work, yes, through the state fund at DWS, from the first day. If the business is only partners, there is no mandatory premium, though partners can elect coverage.

Are partners covered in Wyoming?

Not by default. Wyoming treats partners like sole proprietors, so they are left off the policy unless they file a state election for their own injuries.

How does a partner get their own coverage?

The partner files an election of coverage with DWS, and the state figures the premium on the statewide average wage. It is decided partner by partner, so one partner can be covered while another is not.

Where do we buy coverage for our employees?

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 employees' wages.

Do part-time or seasonal employees count?

Yes. Wyoming has no part-time or seasonal exception, so any employee in extra-hazardous work is covered from the first day and those wages must be reported to DWS.

What if we use 1099 contractors?

They often count as your employees. Wyoming treats a worker as your covered employee unless the state's three-part contractor test is met. Confirm status before relying on the 1099 label.

Does the state policy defend the partnership if we are sued?

No. DWS pays a hurt worker's benefits but does not provide a legal defense. Partnerships with employees 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.