A general contractor typically needs each sub's current workers comp certificate before the sub's crew starts, then a new one at every renewal, whenever a certificate runs out and when the crew moves to a job in another state. The list below is written to the sub, so a GC can print it or send the link with a subcontract.
Every Crew Deserves a Crown
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To our subcontractors: we need proof of your own workers comp before your crew works on any of our jobs, and again whenever that proof goes out of date. Please send each item below to the person named in your subcontract.
A certificate shows the policy was active on the date the certificate went out. It typically doesn't prove the policy stays in force afterward: a policy can renew, change or cancel after the certificate goes out, and the certificate on file won't change with it. That is why the list asks for a fresh certificate at each renewal and after any end date, and why a GC keeps every version with that sub's payment records.
Some contracts also ask the sub for a waiver of subrogation, which is an endorsement the sub's carrier may add to the policy, not something the certificate creates; the blanket waiver of subrogation workers comp guide explains how the two differ.
This part is for the general contractor. At audit, the carrier looks for proof that each sub you paid carried its own workers comp for the dates of the work. Where that proof is missing, the law in each of these states can treat the sub's workers as yours, and the payments to that sub are often added to your audited payroll.
| State | Rule | Why the Paperwork Matters | Source |
|---|---|---|---|
| California | Licensed work presumes an employee | Anyone performing work that requires a contractor license, or performing it for someone required to be licensed, is presumed an employee; independent contractor status requires a valid license. | Labor Code 2750.5 |
| Arizona | Statutory employer | Where the original employer retains supervision or control and the sub's work belongs to its own line of trade, the sub and its workers are treated as that employer's employees. | Arizona Revised Statutes 23-902(B) |
| Arizona | Findings before premium | The carrier can't charge premium for workers it calls statutory employees without first giving written audit findings. | Arizona Revised Statutes 23-961(M) |
| Nevada | Principal contractor | Industrial insurance law makes the principal contractor the employer of any sub or independent contractor on the job, and of their workers. | Nevada Revised Statutes 616A.210 |
| Nevada | No independent-enterprise exception | A principal contractor holding a Nevada contractor license can't use that exception. | Nevada Revised Statutes 616B.603 |
California. The license is the hinge. A sub that holds a license and carries its own policy for the job dates typically stays off your payroll; an unlicensed worker on licensed work starts out presumed to be your employee, whatever the contract calls them. Collect the license number with the certificate.
Arizona. The test turns on control, and on whether the sub's work belongs to your own line of trade. Two papers help: a sole proprietor waiver signed by the sub and your carrier, and the carrier's written audit findings, which must come before any premium on workers it calls your statutory employees.
Nevada. Industrial insurance puts a principal contractor in the employer's place for its subs' crews, and a Nevada-licensed contractor can't rely on the independent-enterprise exception. A current certificate for each sub is the main record that keeps those crews off your audit.
The uninsured sub charges guide walks through how a carrier may bill for a sub without proof, step by step. For the tests each state uses to decide whether a sub counts as your employee, see Arizona independent contractor agreement for workers comp.
In California, the CSLB's free Check a License tool shows each contractor's workers comp insurer, policy number and effective and expiration dates, or that the licensee certified having no employees. It adds to the certificate rather than replacing it: CSLB notes that some information may not be entered yet, so the certificate from the sub's carrier is still the document to keep.
An exemption on file isn't permanent. A licensee who certified having no employees and then hires one needs coverage, with proof filed at CSLB within 90 days of the hire, and a license whose coverage lapses may be suspended. A sub who shows up with a crew while the lookup still shows an exemption is a reason to ask for a current certificate before the work starts.
A payroll limit calculator and the three-state comparison are among the workers comp calculators and checklists.
Send your trade, state and payroll, and a broker reviews the request. If you would rather talk first, leave a number.
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Before the sub's crew starts on your job, then again at each renewal of the sub's policy, after any certificate's end date passes and before the crew starts work in another state. A certificate that arrives after the work began leaves a gap the auditor may notice.
Often not. A certificate reflects coverage as of its issue date and typically doesn't prove the policy stayed in force afterward. On a long job, a renewal or cancellation can happen midway, so ask for a new certificate whenever the policy dates on file run out.
It depends on the state. In California, check that the sub holds a valid license for the work, since Labor Code 2750.5 presumes an unlicensed worker on licensed work to be an employee. In Arizona, a sole proprietor may sign a waiver with your carrier. In Nevada, ask the carrier how it treats a sole proprietor sub, because some are counted at set amounts.
Ask for one that shows the sub's policy reaches work in Nevada. Under Nevada's principal contractor rule, a sub's crew without its own industrial insurance may be deemed your employees, and a policy set up for another state may not extend there.
Yes. The list is written to the sub, and the print button gives a clean copy to attach to a subcontract. Your subcontract and your carrier's audit rules still control what you need, so add any item they call for, such as a waiver of subrogation.
6 official sources
Reviewed by David Gleason, Principal, on .
Next Level Experience. Insurance Done Right.
A certificate on file before the first day saves an argument on audit day.
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