Is workers' compensation required in Alabama?
Whether a growing Alabama business has to carry workers' compensation comes down to a single headcount number.
What is Alabama's threshold?
A business must carry workers' compensation insurance once it regularly employs five or more people, under Code of Alabama Section 25-5-50. Below that, coverage is optional (though many small employers carry it anyway to protect against an injury claim).
Why does this threshold surprise some business owners?
A business owner who has not checked the exact number before sometimes assumes coverage is only required once headcount is much larger, and is surprised to learn the bar in Alabama is five, a threshold that is easy to reach faster than expected as a small business adds part-time or seasonal staff.
Who counts toward the five?
Full-time and part-time employees both count, and so do corporate officers and LLC members. Contractors are generally treated separately from employees for this count, though the specifics of a working relationship matter more than the label used.
What should I do as my headcount grows?
A Huntsville business with four employees today that plans to hire a fifth should have coverage ready to go the moment that hire starts, not after. A coverage review can confirm exactly how the count applies to a specific business structure. See Alabama workers' compensation insurance for the full coverage picture.
