DC · Workers' compensation
District of Columbia Workers' Compensation Insurance
Who must carry coverage in District of Columbia, how owners and officers are treated, what happens if you go without it, and how to compare carriers.
The District of Columbia requires workers' compensation coverage from any employer with one or more employees, with no minimum headcount exemption. Households that employ domestic workers must carry coverage once those workers are engaged for 240 hours or more in any calendar quarter.
Who must carry coverage in District of Columbia
The District of Columbia requires workers' compensation coverage from any employer with one or more employees, with no minimum headcount exemption. Households that employ domestic workers must carry coverage once those workers are engaged for 240 hours or more in any calendar quarter. Independent contractors and sole proprietors with no employees are not required to carry coverage on themselves. See the DC Office of Workers' Compensation's employer FAQs.
Owners, officers, LLC members
Sole proprietors with no employees are not required to obtain coverage on themselves. Corporate officers and LLC members may elect exemption from coverage if they choose, meaning they are otherwise treated as employees by default until that election is made. Employers should keep a copy of any exemption election on file and confirm current status for each owner or officer rather than assuming automatic exclusion.
Independent contractors and subcontractors
The District expects a genuine independent-contractor relationship to be documented, and a business that misclassifies a worker as a 1099 contractor can be treated as that worker's statutory employer if they're injured on the job. Collecting a current certificate of insurance from subcontractors before work begins is standard practice in DC.
Penalties for going without coverage
Failure to secure required coverage carries a civil fine of not less than $1,000 and not more than $10,000. Employers who knowingly conceal or dispose of property after a workplace injury to evade their compensation obligations face misdemeanor exposure, with a fine of $1,000 to $10,000, up to one year of imprisonment, or both. For a corporation, the president, secretary, and treasurer can be held individually and jointly liable for both the civil fine and any criminal penalty.
What injured workers receive
Injured workers receive necessary medical treatment, generally reimbursed at 113% of Medicare's rates. Wage-loss compensation is paid at 66 2/3% (two-thirds) of the worker's average weekly wage, subject to a maximum compensation rate that the District updates periodically with a cost-of-living supplemental allowance. Permanent disability and death benefits are calculated separately under DC's workers' compensation law.
How workers' comp is bought in District of Columbia
The District of Columbia is a competitive market state rated by NCCI, so our agency can compare coverage across the many private carriers that write business here. There is no DC-run state fund; harder-to-place risks are handled through the standard residual market mechanisms available in an NCCI jurisdiction. Because DC's coverage rule applies to essentially every employer with staff, and because officer/LLC-member exemptions are opt-in rather than automatic, it's worth confirming ownership elections with an agent when setting up a new DC-based policy.
Regulator
DC Department of Employment Services, Office of Workers' Compensation
202-671-1000
Visit the regulatorCommon District of Columbia industries we quote
The District's small-business economy includes contractors and trades, restaurants and hospitality serving its dense downtown and neighborhood corridors, salons and personal-care businesses, and professional, government-contracting, and nonprofit services firms, all of which typically carry coverage once they have staff.
- Auto Repair & Body Shops
- Cleaning & Janitorial Services
- Daycare & Child Care Centers
- Electrical Contractors
- General Contractors & Trades (with employees)
- Home Health Care Agencies
- Hotels & Lodging
- HVAC Contractors
- Landscaping & Lawn Care
- Light Manufacturing & Machine Shops
- Medical & Dental Offices
- Nonprofits & Churches
- Painting Contractors
- Plumbing Contractors
- Professional Offices (accounting, law, consulting, insurance, real estate)
- Restaurants & Food Service
- Retail Stores
- Salons, Barbershops & Spas
- Warehouses & Distribution
Popular class codes
Class codes describe the work your employees perform and drive how payroll is rated. Browse the groups below or search the full lookup.
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District of Columbia workers' comp questions
Do I need workers' comp for one employee in DC?
Yes. The District requires coverage as soon as an employer has one or more employees, with no minimum headcount exemption.
Can a DC corporate officer or LLC member opt out of coverage?
Yes, they may elect exemption, but they're treated as covered by default until that election is properly made and on file.
Do DC sole proprietors need to cover themselves?
Not if they have no employees. Coverage is only required once the business brings on staff.
What happens if a DC employer doesn't carry required coverage?
The employer faces a civil fine of $1,000 to $10,000, and a corporation's president, secretary, and treasurer can be held personally liable for that fine and for any related criminal penalty.
How much does an injured worker get paid in DC?
Generally two-thirds of average weekly wage, subject to a maximum compensation rate the District updates periodically.
Is there a DC state fund for workers' comp?
No. The District doesn't run its own fund; coverage is placed through the competitive private market under NCCI's rating system.
Sources
- does.dc.gov — https://does.dc.gov/sites/default/files/dc/sites/does/page_content/attachments/OWC_FAQs.pdf
- code.dccouncil.gov — https://code.dccouncil.gov/us/dc/council/code/sections/32-1539
- code.dccouncil.gov — https://code.dccouncil.gov/us/dc/council/code/sections/32-1534
- code.dccouncil.gov — https://code.dccouncil.gov/us/dc/council/code/sections/32-1503
Last reviewed · Reviewed by Provident Financial Group licensed agents
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