Does a landlord need workers' comp for a maintenance worker or handyman?
If the person is your employee, usually yes. California, Oregon and Washington require nearly every employer to carry workers' compensation from the first employee, Florida requires it at four employees (one in construction), and Texas lets private employers choose. A handyman you treat as a contractor can still count as your employee, and in Oregon you can owe coverage for an uninsured contractor's crew.
Why a landlord should care
Apartment maintenance is physical work: ladders, roofs, boiler rooms, snow. Workers' compensation pays an injured employee's medical bills and lost wages, and in exchange it usually limits what the employee can sue you for. An owner who is required to carry it and does not is exposed twice: to the full cost of the injury and to state penalties. Do not assume your general liability policy covers injuries to your own employees; ask your agent.
Five states compared
| State | Who must carry it | Where it says so |
|---|---|---|
| California | Every employer except the state, through an insurer or a state certificate to self-insure | Labor Code 3700 |
| Florida | Private employers with 4 or more employees; construction employers with 1 or more | Florida Statutes 440.02(20)(b) |
| Oregon | Every employer of subject workers, which is all workers except listed groups | ORS 656.017 and 656.027 |
| Texas | Optional for most private employers; those without it must report that to the state | Texas Department of Insurance, Division of Workers' Compensation |
| Washington | Mandatory, except for a short list of excluded jobs | RCW 51.12.020 |
Read on 2026-10-30: California Labor Code 3700, Florida 440.02, Oregon chapter 656, Texas DWC employer resources, Washington RCW 51.12.020. Other states differ; check yours and talk to an insurance agent.
The exclusions that do not help a landlord
Oregon and Washington both exclude maintenance and repair workers, but only at the employer's own private home. Oregon's list leaves out a worker doing gardening, maintenance, repair or remodeling at the private home of the person employing them. Washington's exclusion is the same idea, and the statute defines private home as a person's place of residence. Your apartment building is your business, not your residence, so a worker fixing it is not in either exclusion. If you live in one unit of your own building, ask the state agency how that is treated before relying on it.
Oregon also excludes casual work, but only when the work is not part of the employer's trade or business (or the employer is not a subject employer), and only under a small labor cost in any 30-day period. Keeping a rental building in repair is part of a landlord's business, so the casual exclusion is unlikely to fit.
Texas is the exception in the other direction. The Texas Department of Insurance says private employers can choose whether to carry coverage, but an employer without it must report to the state that it has none, and must report work injuries that cause more than one day of lost time.
Counting employees in Florida
Example a made-up Florida owner of two buildings employs one full-time maintenance tech, one full-time porter and one office assistant. That is 3 employees, under the 4 that make coverage required for work outside construction. In spring the owner hires a full-time groundskeeper: 3 plus 1 is 4, so coverage is now required from that hire. If any of the work counts as construction under Florida's rules, one employee in that work is enough.
Florida's Division of Workers' Compensation can tell you how it counts part-time and seasonal workers and which jobs it treats as construction. Ask before you rely on being under four.
The uninsured contractor trap
Calling someone a contractor does not settle it. In California, a worker doing work that needs a contractor's license is presumed to be an employee, and for workers' compensation purposes they must hold a valid license to be treated as an independent contractor at all (Labor Code 2750.5). So the unlicensed handyman who repaints a hallway can be your employee if they fall off a ladder.
Oregon goes further. When you award a contract for labor that is a normal and customary part of your business, you are responsible for workers' compensation for the people doing it, unless the contractor provides coverage before work starts. If an uncovered worker is hurt, you are treated as a noncomplying employer (ORS 656.029).
- Before work starts, get a certificate of insurance that shows workers' compensation, or the contractor's written state exemption.
- In California, check the contractor's license for any job that needs one.
- Put the certificate in the vendor's file and note when it expires.
- If you have employees, get a quote from an agent or your state fund, and write down how many people you employ each month.
How DoorKeeping keeps the paper straight
In DoorKeeping, each vendor's W-9 and insurance certificate sit in your documents, and jobs go to vendors through work orders and a job link, so you can see who worked on which building. The workers' comp premium is coded to that property's insurance account, and the 1099-NEC report lists what you paid each contractor. It is $2 per unit per month, with no other fees, and it does not give legal or insurance advice.
Sources
- California Labor Code section 3700, read Oct 30, 2026
- California Labor Code section 2750.5, read Oct 30, 2026
- Florida Statutes 440.02, Definitions, read Oct 30, 2026
- Oregon Revised Statutes chapter 656 (656.017, 656.027, 656.029), read Oct 30, 2026
- Texas Department of Insurance, Employer resources, read Oct 30, 2026
- Washington RCW 51.12.020, Employments excluded, read Oct 30, 2026
Questions
- Do I need workers' comp for one part-time maintenance worker?
- In California, Oregon and Washington, generally yes, because coverage is required from the first employee. In Florida it is required at four employees outside construction, and in Texas it is optional for most private employers.
- Is a handyman an employee or a contractor for workers' comp?
- It depends on state law. In California, someone doing work that needs a contractor's license is presumed to be an employee and must hold a valid license to be treated as a contractor for workers' compensation.
- What happens if my contractor has no workers' comp?
- In Oregon, if the work is a normal part of your business and the contractor did not provide coverage before starting, you are responsible for covering their workers. Elsewhere, an uninsured contractor's injured worker may try to claim against you, so ask for a certificate first.