Alabama Small Business Insurance: Workers' Compensation Rules, Commercial Auto, What Landlords and Clients Require and What to Ask Your Agent
Riskado
Alabama small business insurance starts with two legal questions: workers' compensation and vehicle liability. A business that regularly employs five or more people, counting full-time and part-time workers and corporate officers, must carry workers' compensation, according to the Alabama Department of Workforce (opens in a new tab). Employers of domestic workers, farm laborers and casual workers are outside that rule but can choose coverage. Every vehicle driven or registered in Alabama needs liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage, according to the Alabama Department of Revenue (opens in a new tab). General liability, a business owner's policy, professional liability, certificates and additional insured status usually come from your operations, your lease or your contracts.
Key takeaways
- Workers' compensationRequired once a business regularly employs five or more people, counting full-time and part-time workers and corporate officers.
- Outside the ruleEmployers of domestic workers, farm laborers and casual workers aren't required to carry coverage but can choose it.
- Business vehiclesEvery vehicle driven or registered in Alabama needs at least $25,000 per person, $50,000 per accident and $25,000 for property damage.
- ContractsGeneral liability, a BOP, professional liability, certificates and additional insured status usually come from your operations, lease or contracts.
Do you need workers' compensation in Alabama?
The trigger is five employees in one business. Under Code of Alabama § 25-5-50 (opens in a new tab), the workers' compensation law doesn't apply to an employer who regularly employs fewer than five employees in any one business. At five or more, coverage is required.
Part-time workers count. The Department's workers' compensation FAQ (opens in a new tab) says the term employee includes all full-time and part-time employees, officers of a corporation and members of an LLC. So, a shop with three full-time staff and two part-time weekend workers has reached five.
An officer or LLC member can opt out of coverage for himself or herself by filing a written certification with the business's workers' compensation insurer, under § 25-5-50 (opens in a new tab). That election doesn't remove the person from the count. The statute says the officer or member still counts as an employee when deciding whether the business has reached the threshold, and the business must keep covering everyone else.
Some workers fall outside the requirement. The statute and the Department of Workforce (opens in a new tab) list employers of domestic employees, farm laborers and casual employees whose work is outside the usual course of the business, plus municipalities with fewer than 2,000 residents. Those employers aren't required to carry coverage, but they can accept the law by filing written notice with the Department.
The construction exception
The five-employee floor doesn't apply to a business that builds, or helps on site to build, new single-family detached homes, under § 25-5-50 (opens in a new tab). A residential builder with two or three workers can still need coverage. If your work touches new home construction, confirm your status with the Department of Workforce (opens in a new tab) or an Alabama-licensed agent before the job starts.
How are subcontractors treated?
Subcontracting is where many coverage questions land. A general contractor may charge a subcontractor for workers' compensation insurance, but an employer can't charge an employee for it, according to the Department's workers' compensation FAQ (opens in a new tab).
Whether a general contractor carries exposure for a subcontractor's workers depends on the working relationship, the project and the contract. A 1099 form or a certificate on file doesn't settle that question by itself. Before work begins, have both businesses confirm their status, their coverage and what the contract requires, with the Department of Workforce (opens in a new tab) or an Alabama-licensed insurance professional. Keep a current certificate of workers' compensation coverage from each subcontractor for the life of the job.
What happens if an employer doesn't secure coverage?
The penalties are set in Code of Alabama § 25-5-8(e) (opens in a new tab). An employer required to carry workers' compensation who fails to secure it is guilty of a misdemeanor and faces a fine of $100 to $1,000 on conviction. The employer is also liable for two times the compensation that would otherwise have been payable for an employee's injury or death. A court can issue an injunction and impose a civil penalty of up to $100 per day of noncompliance, and getting coverage afterward isn't a defense.
Hover or tap a row to highlight it.
| Consequence | Amount | Source |
|---|---|---|
| Misdemeanor fine on conviction | $100 to $1,000 | Code of Alabama § 25-5-8(e) (opens in a new tab) |
| Liability for an employee's injury or death | Two times the compensation otherwise payable | § 25-5-8(e) (opens in a new tab) |
| Civil penalty a court may impose | Up to $100 per day of noncompliance | § 25-5-8(e) (opens in a new tab) |
Employers can meet the requirement in more than one way. Section 25-5-8 (opens in a new tab) allows coverage through an authorized insurer or approval as a self-insurer, and the Department of Workforce (opens in a new tab) also describes group self-insurance funds. For proof, ask your carrier or agent for a current certificate of coverage. If coverage is disputed, contact the Department's Workers' Compensation Division directly.
What auto insurance does a business vehicle need?
No one may drive, register or keep the registration of a vehicle designed for public highways unless it's covered by a liability policy, a commercial automobile liability policy, a liability bond or a cash deposit, according to the Alabama Department of Revenue (opens in a new tab). The policy must be an Alabama policy from an insurer qualified to write motor vehicle liability insurance in the state. The minimums come from Code of Alabama § 32-7-6 (opens in a new tab):
- $25,000 for bodily injury or death of one person in an accident.
- $50,000 for bodily injury or death of two or more people in an accident.
- $25,000 for damage to property in an accident.
The Department of Revenue checks coverage through the Online Insurance Verification System when a vehicle is registered or renewed, according to its registration FAQ (opens in a new tab). If a vehicle is found uninsured, its registration is suspended. Reinstatement takes proof of current insurance and a $200 fee for a first violation or $400 for later violations, according to the Department of Revenue (opens in a new tab).
The legal minimum is only the floor. A personal auto policy may not respond to a vehicle titled to the business, regular deliveries, hauling for pay or employees driving for work. Commercial auto policies typically carry higher liability limits, for example $1 million, and can include coverage for rented and other non-owned vehicles, including employees' cars driven for company business, according to the NAIC (opens in a new tab). Tell your agent about every business use of every vehicle, including employees' personal cars, and ask how each one is covered.
What do landlords and clients commonly ask for?
A landlord, customer, lender or general contractor may require general liability insurance, specific limits, a certificate of insurance, waiver language or additional insured status. Those are contract terms. They aren't Alabama statutory requirements unless a law or licensing rule says so, and the exact limit comes from the lease, bid documents or contract in front of you.
Read the insurance section of the lease or contract before you buy. It usually states the coverage types, minimum limits, who must be named as additional insured, notice requirements and when proof is due. If your trade is licensed, check the licensing board's own rules for any insurance or bond requirement.
What a certificate of insurance does
A certificate of insurance, or COI, summarizes selected policy information: the named insured, policy types, policy numbers, effective and expiration dates and limits. Your agent, broker or insurer issues it. When you ask for one, give the certificate holder's name and address, the contract requirement and any required wording.
A COI isn't the policy. It doesn't add coverage, change exclusions or extend dates. Additional insured status comes from an endorsement or other policy language, not from a name typed on the certificate. When a contract requires additional insured status, ask the agent to add the endorsement and send a copy of it with the certificate.
What is a business owner's policy?
A business owner's policy, or BOP, is a package that typically includes property, business interruption and liability insurance, according to the NAIC (opens in a new tab). Business interruption, also called business income coverage, helps pay fixed expenses and replace lost income while a business is closed for repairs after a covered event such as a fire, according to the NAIC's business interruption overview (opens in a new tab).
A BOP typically doesn't include commercial auto, workers' compensation, health or disability insurance, or liability coverage for wrongful professional practices, according to the NAIC (opens in a new tab). Not every business qualifies. A factory or a jewelry store usually needs more customized coverage because of its risks. The NAIC's business interruption overview describes BOP plans as available to companies with 100 or fewer employees and revenue of up to $5 million, and each insurer's underwriting decides eligibility.
Do you need general liability, professional liability or both?
General liability, also called commercial general liability, covers four categories of events: bodily injury, damage to others' property, personal injury including slander and libel, and false or misleading advertising, according to the NAIC (opens in a new tab). It pays the injured party's medical expenses and excludes your own employees, who fall under workers' compensation. A customer who slips at a salon or is hurt by a product a store sells is the kind of claim it addresses.
Professional liability, also called errors and omissions, covers wrongful practices by professional service providers, such as failure to give appropriate advice, errors in the delivery of professional services and failure to meet professional standards, according to the NAIC (opens in a new tab). A consultant, designer, bookkeeper or technology provider may face both kinds of claims: a visitor injured at the office and a client who says the advice cost them money.
Hover or tap a row to highlight it.
| Policy | What it covers | What it typically leaves out |
|---|---|---|
| General liability | Bodily injury, damage to others' property, personal injury such as slander and libel, and false or misleading advertising | Your own employees' injuries, which fall under workers' compensation |
| Business owner's policy (BOP) | Property, business interruption and liability in one package | Commercial auto, workers' compensation, health or disability insurance and professional liability |
| Professional liability | Errors and omissions in professional services, such as failure to give appropriate advice | Claims outside professional services |
| Commercial auto | Liability for business vehicles, often with higher limits, and can include rented and non-owned vehicles | Depends on the policy terms |
| Workers' compensation | Benefits for employees injured on the job, required at five or more employees | Workers outside the statute unless the employer elects coverage |
What does small business insurance cost in Alabama?
Premiums depend on the business. Liability premiums depend on the type of product or service and the perceived level of risk, according to the NAIC (opens in a new tab). Workers' compensation premiums are based on the employer's industry classification code and payroll, according to the Insurance Information Institute (opens in a new tab).
For a number you can use, ask an Alabama-licensed agent for a written proposal for your business. Compare the classifications, payroll assumptions, vehicle use, deductibles, limits and exclusions across proposals, not only the premium.
How are workers' compensation rates set?
Insurers writing workers' compensation in Alabama must file their risk classifications, premiums, basic rates and any merit-rating schedules with the Alabama Department of Insurance, and none take effect until the Commissioner approves them as reasonable, adequate and not excessive, under § 25-5-8(f) (opens in a new tab).
Employers above a certain premium are usually eligible for experience rating, which moves the premium up or down based on the company's claims history compared with others in its industry, according to the Insurance Information Institute (opens in a new tab). Businesses that can't get coverage in the private market may be placed in an assigned risk plan, which usually costs more. If you're turned down for voluntary coverage, ask your agent or the Alabama Department of Insurance (opens in a new tab) how to apply for coverage in Alabama.
How do you verify an agent or file a complaint?
The Alabama Department of Insurance offers "Check License Status / Licensee Search" and an Insurance Agent Search through its online services (opens in a new tab). Use the license record to confirm the person or agency is licensed, then ask directly which business coverages they write.
For a complaint, first contact the insurance company or producer. If you don't get a satisfactory response, submit the ALDOI online consumer complaint form (opens in a new tab) with your contact information, the company or producer name, the policy number, any claim number and a detailed description. If the Department finds the company or producer didn't meet its legal obligations under the policy, it will require corrective action. It can't give legal advice, represent you or intervene in a pending lawsuit. Consumer Services is at 334-241-4141 or 1-800-433-3966, according to the ALDOI contact page (opens in a new tab), and you can ask there whether help is available in Spanish.
Questions to ask your agent
- Does my employee count, including part-time workers, officers and LLC members, reach five in one business?
- Does my construction work fall under the new single-family home exception?
- Are any of my workers domestic, farm or casual employees outside the requirement?
- How should I collect and track certificates from my subcontractors?
- Which vehicles are owned, leased, rented or used for business, and how is each covered?
- Do any employees drive their own cars for work, and is hired and non-owned auto coverage included?
- What does the BOP include and exclude, and does my business qualify?
- Do I have professional-services exposure that general liability doesn't address?
- What property, inventory, equipment and income values is the quote using?
- What does my lease or client contract require, including additional insured endorsements and notice terms?
- What classification codes and payroll figures does the workers' compensation quote use?
- How could an experience modification or a premium audit change the cost?
- What deductibles, exclusions and cancellation terms apply?
- How do I get a certificate issued or updated, and how fast?
Documents to gather before you call
Bring a count of full-time and part-time employees, with officers, LLC members, seasonal, family, domestic, farm and casual workers noted. Add payroll by job type, a list of every owned, leased, rented or employee-driven vehicle and how it's used, your lease, client contracts and bid documents, any licensing-board rules for your trade, and current certificates from subcontractors. Keep payroll, vehicle, subcontractor and claim records together for renewal and audit.
Check what you know about Alabama small business insurance
Frequently asked questions
Does Alabama require workers' compensation for one employee?
Not for most businesses. The requirement starts at five employees in one business, under § 25-5-50 (opens in a new tab). A business building new single-family detached homes is the exception and can need coverage with fewer than five.
Can a corporate officer or LLC member opt out of workers' compensation?
Yes, by filing a written certification of the election with the business's workers' compensation insurer, under § 25-5-50 (opens in a new tab). The exemption takes effect on the first day of the month after it's filed. The officer or member still counts toward the five-employee threshold.
Does a BOP include workers' compensation or commercial auto?
Typically not. A BOP generally bundles property, business interruption and liability coverage, according to the NAIC (opens in a new tab). Workers' compensation and commercial auto are bought as separate policies.
Does a certificate of insurance make someone an additional insured?
No. A certificate summarizes the policy. Additional insured status has to come from an endorsement or other language in the policy itself, so ask the agent for the endorsement when a contract requires it.
What is Alabama's auto liability minimum for a business vehicle?
The same as any vehicle: $25,000 per person and $50,000 per accident for bodily injury or death and $25,000 for property damage, according to the Alabama Department of Revenue (opens in a new tab). A commercial policy can carry higher limits.
Where to go next
Start with the two legal questions: your employee count and your vehicles. Then pull the lease and any client contracts and bring them, with the documents above, to an Alabama-licensed agent who writes commercial coverage. To compare agencies, Riskado's directory lists Alabama insurance agencies by city and by category.
Key terms
Tap a term to see what it means.
Workers' compensation. Insurance that pays benefits to employees injured on the job, required in Alabama once a business regularly employs five or more people.
Casual employee. A worker whose employment is casual and outside the usual course of the employer's business, outside Alabama's requirement.
Business owner's policy (BOP). A package that typically includes property, business interruption and liability insurance.
Business interruption. Coverage, also called business income, that helps pay fixed expenses and lost income while a business is closed after a covered event.
Certificate of insurance (COI). A document that summarizes selected policy information; it doesn't change the policy.
Additional insured. A person or business added to a policy by endorsement so the policy covers them for stated claims.
Experience rating. An adjustment that moves a workers' compensation premium up or down based on the employer's claims history.
Assigned risk plan. A way to get workers' compensation for businesses that can't find coverage in the private market.
