For workers' compensation policies issued to employers who report zero estimated exposure and no employees, applicants must sign a set attestation, and construction-services employers must give copies of the policy to those they contract with directly, for policies and certificates entered into or prepared on or after July 1, 2027.
Official title: proof of insurance; workers' compensation
- September 12, 2026
- July 1, 2027: Applies to zero estimated exposure policies and related certificates of insurance entered into or prepared on or after this date
What changes
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NowA zero estimated exposure policy must include a statement signed by the applicant. It attests that the application is accurate, that the applicant has no employees and an estimated exposure of zero, and that fraud or misrepresentation in the application is unlawful.
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NowIn that signed statement, the applicant promises that if they hire an employee during the policy period, they will notify their workers' compensation insurer in writing within 60 days, including the new employee's estimated payroll and classification codes.
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NowAn employer that provides business construction and improvement services and has a zero estimated exposure policy must give each entity it directly contracts with a copy of the policy. It must also give written notice that its total estimated exposure is zero.
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NowAn entity that receives that notice must keep the notice and the policy for at least 3 years after it receives them.
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NowFor any construction-related workers' compensation policy with zero estimated exposure, any certificate of insurance that is requested must include the statement "TO CONFIRM THE STATUS OF THE WORKERS' COMPENSATION POLICY, GO TO EWCCV.COM/CVS/".
Who it affects
- Employers who apply for or hold zero estimated exposure workers' compensation policies
- Employers that provide business construction and improvement services with such policies
- Businesses and other entities that contract directly with those construction employers
- Workers' compensation insurers that issue zero estimated exposure policies
What you need to do
For policies entered into on or after July 1, 2027: if you apply for a zero estimated exposure workers' comp policy, you must sign the required attestation. If you then hire an employee during the policy period, the attestation commits you to notify your insurer in writing within 60 days. If you provide business construction and improvement services and hold such a policy, you must give a copy of the policy and a written zero-exposure notice to each entity you directly contract with. If you receive that notice, you must keep it and the policy for at least 3 years.
What the law doesn't answer
- What penalties, if any, apply to an employer that fails to give contracting entities a copy of the policy and the notice
- What happens if an employer does not notify its insurer within 60 days after hiring an employee
- Who operates the website named in the certificate statement or what information it shows
- The law's title mentions a public database, but the text does not create one or describe it
- What "business construction and improvement services" includes
- How an insurer or the state would enforce these requirements
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.