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New Hampshire business insurance: requirements and costs

New Hampshire has no state fund. NCCI files loss costs and the Insurance Department approves them, and the approved figure has gone down for 15 years in a row. The latest cut, an average 2.9%, applies to policies starting on or after January 1, 2027.⁠1 Coverage is required from the first employee, but up to three corporate officers or LLC members are not counted and can be excluded.⁠5⁠6 NASI puts what employers actually spent on comp at $0.76 per $100 of covered wages in 2023, compared with $0.98 nationally.⁠18 The state also leaves two common mandates to the buyer: it does not require auto insurance, and its paid family and medical leave plan is voluntary.⁠15⁠17

Checked against 20 sources Last reviewed How we check figures

New Hampshire at a glance

Workers’ comp required1+ employees (up to 3 corporate officers/LLC members not counted)
Where employers buy itPrivate insurers
Rates set byNational Council on Compensation Insurance
Employer comp cost, 2023$0.76 per $100 of covered wages (US $0.98)
Comp rate index, 2024$1.22, ranked 18 of 51 (1 = most expensive)
Employer health premium, 2025$9,502 single, $28,161 family (average total premium)
Auto liability minimum25/50/25

Workers' comp in New Hampshire is bought from private insurers or self-insured; there is no state fund to fall back on.⁠7 NCCI prepares a statewide loss-cost filing each summer. Loss costs are the part of the rate meant to pay claims, including a loss-based expense component, but not insurers' other expenses.⁠2⁠3 Every insurer writing voluntary coverage must adopt the approved loss costs and then adds its own expense load, so two quotes for the same payroll and class can differ.⁠3 Employers no insurer will take go to the assigned risk pool. NCCI files a full rate there that already includes the servicing carriers' expenses, and the Department warns that choices in that pool are limited.⁠2⁠11 Class codes are NCCI codes. If you think yours is wrong, the steps are a paid NCCI inspection, then the state's Workers' Compensation Classification and Rating Appeals Board, then a hearing before the Insurance Commissioner.⁠12

On September 3, 2026 the Department approved NCCI's 2027 filing as filed: voluntary loss costs fall an average of 2.9% and assigned-risk rates fall 3.4%, for policies effective on or after January 1, 2027.⁠1⁠2 The two years before saw larger cuts: 5.6% for 2025 and 6.1% for 2026, when the assigned-risk pool also fell 5.4% and loss costs gained a third decimal place.⁠3⁠4 The Department puts the cumulative decline since the streak began at about 68%.⁠1 NCCI's summary explains why the 2027 cut is smaller. The filing uses policy years 2022-2024, valued at year-end 2025, and shows only a slight improvement over the data behind the 2026 filing. Lost-time claim frequency has flattened after two years of significant declines, and indemnity cost per claim has been volatile.⁠2 The assigned-risk rates reflect lower expenses and a larger provision for premium that is never collected.⁠2

The two official cost measures disagree about New Hampshire. NASI measures actual employer spending against covered wages. On that basis New Hampshire fell from $0.90 per $100 in 2019 to $0.76 in 2023, 36th-highest of 51 jurisdictions by our sort of NASI's table.⁠18 Oregon's 2024 ranking applies each state's manual rates to the same 50 classes. It put New Hampshire 18th-highest, at an index of $1.22, or 112% of the median state.⁠19 The difference comes from what each one measures. Oregon prices a fixed Oregon class mix at rates in effect January 1, 2024. NASI's figure falls whenever wages grow faster than premiums. Since Oregon's snapshot, the three approved cuts compound to about 14% lower average voluntary loss costs for 2027 policies (our calculation: 0.944 × 0.939 × 0.971 = 0.861).⁠1⁠3⁠4 Group health runs the other way. AHRQ's 2025 survey put the average single premium at $9,502 in New Hampshire against $9,025 nationally, with workers paying $2,350 of it against $1,817. New Hampshire employers were also more likely to offer a plan: 55.7% of establishments did, against 49.2% nationally.⁠20

Three state rules shape what an employer here buys beyond comp. First, auto insurance is not compulsory. If a vehicle is insured, though, the policy must carry at least 25/50/25 liability and uninsured-motorist coverage at the same limits. Policies on private passenger cars must also include $1,000 of medical payments coverage, a rule that does not apply to commercial policies insuring more than four autos or to garage and trucking policies.⁠15⁠16 Second, paid family leave is something an employer chooses to buy. The state's plan with MetLife replaces 60% of wages for up to six weeks. An employer that buys the six-week MetLife plan gets a business enterprise tax credit equal to half the premium it pays.⁠17 Third, once you reach 15 employees you must file a written safety program with the Labor Commissioner, update it at least every two years and run a joint loss management committee. Those employers also go on a list for early and periodic safety inspections.⁠10

For budgeting, start from the class loss costs effective on your renewal date, not from the 68% headline. The 2.9% is a statewide average, and the Department says each employer's change depends on its insurer, class, claims experience and other rating factors.⁠1 Our calculation gives the scale: on a policy carrying $10,000 of loss-cost-based premium before any adjustments, an average 2.9% cut is $290 a year. Your insurer's expense load, your experience modification and any schedule credits then apply on top. Very small accounts may see no change at all, because insurers charge a minimum premium to recover administrative costs.⁠11 Contractors face one more cost: you are liable for comp owed to a subcontractor's employees if that subcontractor is uninsured. Collect certificates before work starts.⁠9

Workers’ compensation in New Hampshire

Any person, partnership, association or corporation employing one or more people must secure workers' comp, through a licensed insurer or approved self-insurance.⁠5⁠7 The Department of Labor says coverage must be in place before the first employee is hired.⁠13 Workers paid for services are presumed to be employees unless they meet all seven independent-contractor tests in the statute.⁠5

Who is exempt

  • Sole proprietors and partners are not required to cover themselves, but may elect coverage; a general contractor may still require it by contract
  • Up to 3 executive officers of a corporation, or LLC members and managers, are not counted as employees, and the company may exclude them from coverage by filing an exclusion with the Labor Commissioner; officers or members beyond 3 are counted as employees
  • Direct sellers, licensed real estate brokers and agents, and real estate appraisers paid by output rather than hours, and people providing services in a residential placement for individuals with disabilities, are not presumed to be employees
  • Interstate railroad employees covered by the Federal Employers' Liability Act

Buying coverage and who sets the rates

Employers buy from private insurers licensed in New Hampshire. Each insurer must use the NCCI loss costs the Insurance Department approves, adjusted for its own expenses.⁠3 Employers no insurer will take are placed in the assigned risk pool at NCCI-filed rates. A voluntary insurer may charge more than the assigned-risk premium, but it must tell the employer that it is doing so.⁠2⁠11

Latest rate decision (1 Jan 2027): The Insurance Department approved NCCI's filing on Sept. 3, 2026. It lowers voluntary loss costs by an average of 2.9% and assigned-risk rates by 3.4% for policies effective on or after Jan. 1, 2027. This is the 15th straight annual decrease. Policies written in 2026 use loss costs cut 6.1% (assigned risk -5.4%) on Jan. 1, 2026. Official notice.

Allowed for a qualifying private employer or a homogeneous group of employers. The full retained risk must be guaranteed, most often with a surety bond. Excess insurance is also required, attaching at a point that leaves no gap above the guarantee.⁠7⁠14

Penalties for going without

An uninsured employer can be fined up to $2,500, plus up to $100 per employee for each day without coverage, counted from the first day for up to one year. Anyone who controls payroll decisions and knowingly failed to insure is personally liable for these penalties.⁠8 The Labor Commissioner can ask the superior court to bar the business from operating until it complies. An injured employee can claim benefits from the employer through the Department, or can sue without the immunity that insured employers have. Purposely failing to secure coverage is a class B felony.⁠8

What New Hampshire employers pay

Employer workers’ compensation costs per $100 of covered wages, 2019–2023
YearNew HampshireUnited States
2019$0.90$1.17
2020$0.82$1.08
2021$0.76$1.01
2022$0.74$1.00
2023$0.76$0.98

Employer cost per $100 of covered wages: premiums paid by insured employers plus benefits and administrative costs of self-insured employers, divided by the wages of workers covered by workers’ compensation. The United States figure is NASI’s national total, which includes federal programs. Source: National Academy of Social Insurance (NASI), published 11 Aug 2026.

Oregon’s biennial comparison of workers’ comp rates puts New Hampshire’s index for rates in effect on 1 January 2024 at $1.22 per $100 of payroll, 12% above the national median of $1.09 (rank 18 of 51, where 1 is the most expensive). The index prices the same 50 risk classes, weighted by Oregon payroll, in every state, so it compares rate levels rather than what employers actually pay. Compare every state.

Employer health insurance in New Hampshire

Average annual premium per enrolled employee at private-sector employers, 2025
MeasureNew HampshireFirms under 50United States
Single coverage, total premium$9,502$8,505$9,025
Family coverage, total premium$28,161$23,407$26,281
Employee share, single$2,350–$1,817
Employers offering coverage55.7%39.8%49.2%

Average total annual premium per enrolled employee at private-sector establishments that offer health insurance; the offer rate is the share of establishments offering coverage. Small firms have fewer than 50 employees. Source: Agency for Healthcare Research and Quality (AHRQ), Center for Financing, Access and Cost Trends, 2025 survey year. All states.

Commercial auto in New Hampshire

Every vehicle registered in New Hampshire, including business vehicles, must carry at least 25/50/25 in liability limits (bodily injury per person / per accident / property damage, in thousands of dollars). Official source.

Auto insurance is not compulsory in New Hampshire. Drivers must instead be able to show they can meet financial-responsibility requirements after an at-fault accident. Any policy that is bought must carry at least 25/50/25 liability and uninsured-motorist coverage at the same limits. Policies covering a private passenger car must also include at least $1,000 of medical payments coverage, except commercial policies insuring more than 4 autos and garage or trucking policies (RSA 264:16). The Department's guide lists no PIP or no-fault requirement; the medical-payments statute was last amended in 2018.

Trucks and buses used in interstate commerce must also meet federal minimums of $750,000 to $5 million: see commercial auto minimums and what commercial auto costs.

Other New Hampshire rules that affect insurance costs

General contractors carry their subcontractors' comp risk

A contractor that subcontracts any part of a job is liable for comp owed to the subcontractor's employees if the subcontractor is uninsured. The contractor can recover the cost from the subcontractor afterward. The rule also covers anyone who contracts out excavation, drilling, or timber cutting and removal on land they do not own.⁠9 Officers properly excluded under the three-officer rule do not count as uninsured employees for this purpose.⁠6 State agencies and political subdivisions must see proof of comp before awarding a contract involving labor.⁠8 Under the Department's FAQ, sole proprietors are not required by law to carry comp, but a general contractor can require it.⁠11

No waivers of subrogation

The Insurance Department's FAQ states that a waiver of subrogation is not allowed in New Hampshire workers' comp.⁠11 Construction and service contracts often include a waiver-of-subrogation requirement. If the work involves New Hampshire comp exposure, raise that clause with the other party before you sign.

Safety program and loss committee at 15 employees

Employers with 15 or more employees must prepare a written safety program with the Labor Commissioner's assistance, file it and review it at least every two years. The program must spell out warnings, suspension and termination for safety violations. These employers must also run a joint loss management committee with equal employer and employee seats. They are placed on a list for early and periodic Department of Labor inspections unless they take part in the state safety incentive program or run an approved equivalent program. The Commissioner can assess up to $250 a day for each violation.⁠10 Unlike the coverage rule, the 15-employee count for this section includes all executive officers and LLC members.⁠5

Paid family and medical leave is voluntary

New Hampshire's PFML plan is insurance an employer may buy, not a payroll tax. It pays 60% of wages, up to the Social Security wage cap, for up to six weeks a year.⁠17 MetLife is the state's partner insurer and prices employer group plans individually, based on your census, the plan and how you share the cost with workers. Employers may buy PFML from other approved insurers instead. The state's business enterprise tax credit of 50% of the employer-paid premium applies only to the six-week plan bought through MetLife.⁠17 Where an employer offers no plan, workers can buy an individual plan; state law caps that cost at $5 a week.⁠17

New Hampshire compared with its neighbors

Workers’ comp and health insurance costs, New Hampshire and neighboring states
New Hampshire$0.76$1.22$9,502
Maine$1.12$1.37$9,803
Massachusetts$0.65$0.97$10,436
Vermont$1.24$1.60$10,004

Sources

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National figures: NASI (employer comp costs), Oregon DCBS (rate index), AHRQ MEPS-IC (health premiums).

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Other states

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