Wyoming Workers’ Comp Exemption
We file workers’ compensation exemptions for Wyoming sole proprietors, LLC members, and corporate officers. Send us your details and we’ll confirm whether you qualify and handle the filing.
When coverage is required in Wyoming
Wyoming does NOT use a headcount threshold. Coverage is mandatory for any employer engaged in an 'extrahazardous' employment classification, as enumerated by NAICS-mapped industry codes under W.S. 27-14-108, and coverage through the Wyoming Department of Workforce Services (DWS) Workers' Compensation Division is required BEFORE work begins if the business falls into one of those classifications. Extrahazardous classifications span a wide range of industries (construction, manufacturing, oil and gas, agriculture, healthcare, and others per the NAICS-code list). Employers in non-extrahazardous classifications are not required to carry coverage but may elect to do so voluntarily. Wyoming is monopolistic: coverage can only be purchased through the state (DWS Workers' Compensation Division) -- there is no private-carrier market.
Who can be excluded in Wyoming
Sole proprietors
By default, a sole proprietor is NOT an 'employee' under W.S. 27-14-102 and is therefore not covered/counted, UNLESS the business elects coverage for the sole proprietor under W.S. 27-14-108(k). Election is made by notifying the Division in writing either at initial registration or at least 30 days before the start of a calendar quarter. Electing coverage for the sole proprietor requires simultaneously electing coverage for the business's employees (if not already covered), and once elected, coverage cannot be withdrawn for the next 8 calendar quarters.
Partners
Same default-exclusion / elective-inclusion regime as sole proprietors: a partner in a business partnership is not an 'employee' under W.S. 27-14-102 unless the partnership elects coverage for that partner under W.S. 27-14-108(k), subject to the same notice timing and 8-calendar-quarter minimum commitment.
LLC members
Not separately itemized as a distinct category apart from corporate officers/partners in the sources reviewed, but W.S. 27-14-108(k) is written to cover election for 'any or all of its corporate officers, limited liability company members, partners in a partnership or sole proprietor' -- so LLC members follow the same default-exclusion / elective-inclusion mechanism and the same 30-day-notice / 8-quarter-lock rules.
Corporate officers
Same regime: an officer of a corporation is not an 'employee' under W.S. 27-14-102 unless the corporation elects coverage for that officer under W.S. 27-14-108(k). No cap on the number of officers who may be elected in was found in the sources reviewed -- the statute allows election for 'any or all' officers.
Construction rules in Wyoming
Construction is one of the industry sectors commonly identified as falling within the 'extrahazardous' NAICS-mapped classifications under W.S. 27-14-108, meaning construction employers are very likely to be subject to mandatory coverage regardless of size (tied to their industry classification, not headcount). The exact list of qualifying NAICS codes was not independently pulled and verified line-by-line from the statute text in this research; treat the specific scope of which construction-related NAICS codes are captured as needing direct confirmation against W.S. 27-14-108 or DWS's classification list before stating it as absolute on the client site.
How the exemption is filed
Because Wyoming is monopolistic, there is no private-market 'exemption certificate' -- everything runs through DWS directly. An extrahazardous employer simply registers and pays premium to the DWS Workers' Compensation Division; there is no opt-out for extrahazardous employers. For NON-extrahazardous employers who want to bring in otherwise-excluded owners (sole proprietor, partners, LLC members, corporate officers), the business notifies the Division in writing of its election under W.S. 27-14-108(k), either at initial registration with the Division or at least 30 days before the start of a calendar quarter; once elected, the election cannot be withdrawn for 8 calendar quarters. No specific form name, fee, or duration beyond the 8-quarter lock was verified in the sources reviewed -- DWS Employer Services (307-777-6763 / DWS-WCEmployerServices@wyo.gov) should be contacted to confirm the exact election form.
- Form
- No state exemption form — see above
- Statute
- W.S. 27-14-102 (definitions; excludes sole proprietor/partner/officer from 'employee' absent election), 27-14-108 (extrahazardous employments enumerated; subsection (k) governs elective coverage for owners/officers/members)
- Market
- Monopolistic — coverage is bought only from the Wyoming state fund, not a private carrier.
Notes and open questions
Wyoming's mandatory-coverage trigger is fundamentally different in shape from the other four states in this batch -- it is industry-classification-driven ('extrahazardous' NAICS codes), not a headcount or payroll threshold, and this must not be flattened into a headcount-shaped description on the site. Because it is monopolistic, all coverage and all elections run through DWS directly; there is no policy endorsement route through a private carrier. Could not locate and directly verify a specific election form name/number for W.S. 27-14-108(k) elective coverage -- flagged as null rather than guessed.
Sources
- https://dws.wyo.gov/dws-division/workers-compensation/employers/
- https://law.justia.com/codes/wyoming/title-27/chapter-14/article-1/section-27-14-102/
Source material dated undated (current DWS employer page and current Wyoming Statutes title 27 ch. 14 as accessed 2026-08-30). Compiled from official Wyoming sources as a starting point, not legal advice — rules change, and your situation may turn on facts this page cannot see. Confirm with Wyoming Department of Workforce Services (DWS), Workers' Compensation Division or ask us and we’ll check it for you.
Workers' comp exemption filing in Wyoming
Tell us about your Wyoming business and we'll confirm whether you qualify for an exemption.