I'm a Sole Proprietor in WY: Do I Need Comp?

If you are a Wyoming sole proprietor with no employees, you owe no mandatory workers compensation premium, because you are not treated as an employee and your own income is not reported as payroll. The day you hire someone to do extra-hazardous work, that changes: you must open an account with the state fund at the Department of Workforce Services (DWS) and cover your workers from day one, though you still are not required to cover yourself. If you want the state fund to pay your own on-the-job injuries, you can file a state form to add coverage for yourself.

Who this is for: Wyoming sole proprietors, from solo trades and freelancers to owners about to hire their first helper.

The short version

  • A solo sole proprietor with no employees owes no mandatory premium and is left off by default.
  • You can file a state election to add coverage for yourself, which then stays in place for at least two years.
  • Hire someone for extra-hazardous work and you must open a DWS account and cover the worker from day one.
  • You buy only from the state fund; no private carrier sells the mandatory coverage in Wyoming, so there is nothing to shop.
  • You pay the full premium for your workers as an employer cost, and they pay nothing toward it.

Do you need it, and do you want it?

Two different questions sit inside this. The requirement is about your workers: none, and there is no mandatory premium; one or more in extra-hazardous work, and coverage is mandatory from day one. The choice is about you: as a sole proprietor you are not an employee, so the state fund would not pay your own injuries unless you elect coverage. Some owners in low-risk desk work skip it and rely on their own health and disability cover; owners doing physical or hazardous work often opt in, because a serious on-the-job injury is exactly what the state fund is designed to pay for. If you elect in, the state figures your premium on the statewide average wage, and you are committing to keep it for two years.

What applies to you

Your situationMandatory coverage?What to do
Solo, no workersNo mandatory premiumOptional: file a state election to cover your own injuries
You plus workers in extra-hazardous workYes, for the workersOpen a DWS account and report the workers' wages; you may also elect coverage for yourself
Using 1099 helpersOften yesA helper is treated as your employee unless the state's three-part test is met, so confirm status first

If you only need proof for a client

A common reason a solo owner looks into coverage is that a general contractor or customer wants proof of insurance. In a private-market state you might buy a small owner-only policy just to produce that proof. Wyoming works differently: because you buy from the state, what a contractor usually wants to see is that you have an active DWS account in good standing, or a letter from the state confirming you have no employees and owe no premium. If you have no workers and have not elected coverage, you may not have an account yet, so ask the contractor exactly what they need, and if it makes sense, open one. Once you have staff, it is also worth carrying stop-gap employers liability, since the state fund does not pay to defend a lawsuit.

A Gillette example

Illustrative, not a quote. A Gillette landscaper runs solo as a sole proprietor and owes no mandatory premium. When he lands a commercial account that requires proof of coverage, he elects coverage for himself so he has an active DWS account to show, and because his work is physical, that also means the state fund would pay if he is hurt on a job. When he later hires a seasonal crew member for extra-hazardous grounds work, he reports those wages and covers the worker from day one, paying the full premium himself. See our workers comp for landscapers page.

Real questions Wyoming owners ask

Do I need workers comp as a Wyoming sole proprietor?

Not for yourself if you have no employees, because a sole proprietor is not treated as an employee. The moment you hire someone for extra-hazardous work, you must open a DWS account and cover that worker from day one.

Can I cover myself as a sole proprietor?

Yes, by choice. You file an election of coverage with DWS, and the state fund will then pay your own on-the-job injuries. Once elected, the coverage must stay in place for at least two years.

Where do I buy it if I hire someone?

Only from the state fund at the Department of Workforce Services, known as DWS. No private carrier sells Wyoming's mandatory extra-hazardous coverage, so you open a state account and report your worker's wages rather than shopping for a policy.

A general contractor wants proof of coverage. What do I show?

In Wyoming, contractors usually want to see an active DWS account in good standing, or a state letter if you have no employees. If you have no account, ask what they need and consider electing coverage for yourself.

Do 1099 helpers count as my workers?

Often yes. Wyoming treats a helper as your covered employee unless the state's three-part contractor test is met. Do not assume a 1099 label removes the duty to cover them.

I do risky physical work. Should I opt in?

Many owners in physical trades do, because the state fund pays medical care and lost wages for an on-the-job injury. If you skip it, you are relying on your own health and disability insurance for a work injury.

What does the state policy not cover for me?

It does not defend you in a lawsuit. Once you have workers, adding stop-gap employers liability to your general liability policy covers your legal defense if you are sued over a workplace injury.

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.