Short answer: It depends on your industry. Wyoming requires coverage only for employment the law calls "extrahazardous," a list built on federal NAICS industry codes. Required employers must buy coverage from the state's Workers' Compensation Division, not a private insurer, and can't self-insure. Employers outside the list can opt in or buy private coverage.
A monopolistic, list-based system
The Wyoming Department of Insurance explains that most employers must obtain coverage through the Department of Workforce Services' Workers' Compensation Division, because Wyoming is a monopolistic state where the state fund is the primary provider. Exempt employers may buy coverage from private insurers, which the Department of Insurance regulates.
A 2023 Legislative Service Office memo summarizes three distinct features of Wyoming's system:
- Required coverage is limited to extrahazardous employment.
- Covered employers must get coverage through the state fund.
- Self-insurance isn't an option for employers required to have coverage.
The fund itself dates to a 1914 constitutional amendment.
What counts as extrahazardous
W.S. §27-14-108(a) covers all workers, regardless of their individual job, in listed NAICS sectors and industries. Highlights:
| Sector | Examples on the list |
|---|---|
| Natural resources and utilities | Logging, mining, utilities |
| Building and making things | Construction, manufacturing |
| Wholesale and retail | Some nondurable wholesale, auto and parts dealers, gas stations and fuel dealers, certain building-material and specialty food retailers |
| Transportation | Air and truck transportation, transit, pipelines, couriers, warehousing |
| Real estate and leasing | Lessors of real estate, automotive equipment rental |
| Services | Guard and armored car services, building services, waste management, repair and maintenance, dry cleaning, pet care |
| Health care | Ambulatory care, hospitals, nursing and residential care, some social assistance |
| Hospitality and recreation | Accommodation and food services; arts, entertainment and recreation |
| Other | Newspaper publishers, some schools such as driving schools, police, corrections and fire protection |
Restaurants, hotels, clinics, auto repair shops, contractors and trucking companies all fall in listed sectors. If your NAICS code isn't listed, coverage isn't required. Confirm your code with the Division.
Opting in when you're not required
Two elective routes appear in §27-14-108:
- Employer election (subsection j). A non-listed employer may elect state coverage, but it must cover all its employees. It may withdraw after the coverage has been in effect for at least two years, if it's current on all payments.
- Owner election (subsection k). A corporation, LLC, partnership or sole proprietorship can cover its officers, members, partners or sole proprietor by notifying the Division in writing at registration or 30 days before a calendar quarter. If there are other employees, they must be covered too. Coverage can't be withdrawn for eight calendar quarters.
Exempt employers can also choose a private policy on the open market.
Why paying on time matters
Under W.S. §27-14-104, the exclusive-remedy protection, meaning injured workers can't sue you, applies only to employers making the required contributions. An employee can sue an employer that hadn't qualified for coverage, or had qualified but didn't pay the premium on that employee's earnings within 30 days of the due date.
W.S. §27-14-203 adds the state's remedies when a required employer doesn't apply for coverage or falls behind:
- Liability for all awards, paid and reserved, to an injured employee, recoverable by civil action.
- Interest of 1% a month on late premiums.
- Liens on the employer's real and personal property after notice.
- Lawsuits by the attorney general to collect premiums, liabilities, interest and penalties.
- Injunctions that can shut down operations, in whole or in part, until the employer pays and complies.
Late payroll reports also carry a $100 penalty per report.
Practical steps for Wyoming employers
- Identify your NAICS code and compare it with §27-14-108.
- If you're listed, register with the Workers' Compensation Division before your first payroll.
- Report payroll and pay premiums on time. Delinquency can cost you exclusive-remedy protection.
- If you're not listed, decide between elective state coverage, a private policy or going without, and understand the lawsuit exposure that comes with going without.
Bottom line
Wyoming asks two questions: is your industry on the extrahazardous list, and are you current with the state fund? Learn more about workers' compensation insurance.
Contact Alishahi Insurance or call (877) 711-4545. Read about insurance in Wyoming.
Frequently asked questions
Is workers' comp required in Wyoming?
Only for employment listed as extrahazardous in W.S. 27-14-108, such as construction, manufacturing, trucking, health care and restaurants.
Can I buy Wyoming workers' comp from a private insurer?
Not if you're required to have it. Required employers must use the state Workers' Compensation Division. Exempt employers may buy private coverage.
Can Wyoming employers self-insure workers' comp?
No. Self-insurance isn't available to employers required to have coverage.
Can a Wyoming business owner get workers' comp?
Yes. Corporations, LLCs, partnerships and sole proprietors can elect coverage for owners in writing with the Division.
Can an injured worker sue a Wyoming employer?
Yes, if the employer hadn't qualified for coverage or was more than 30 days late paying premium on that worker's earnings.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.