Plain-English guide

What a ghost policy is, and what it is not.

The phrase usually means an owner-excluded workers' compensation policy with no employee payroll. It can be useful evidence for a contract. It is not a substitute for coverage a real worker needs.

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In one sentence

A ghost policy is an informal name for a workers' comp policy structured around zero employee payroll and an owner exclusion, when the law and insurer permit it.

The important distinction

Policy evidence is not personal protection.

An excluded owner should not expect that policy to pay the owner's medical bills or lost wages after a work injury. If you want protection for yourself, say so before the policy is placed so the agent can discuss available alternatives and owner-inclusion rules.

How it works

Four separate decisions, not one shortcut.

Eligibility, exclusions, certificates, and audits should each be reviewed. A correct answer in one step does not fix an incorrect answer in another.

01

The business reports its real operation

The application starts with the entity, ownership, state, type of work, employee count, subcontractors, and estimated payroll. Calling a worker a contractor does not settle their legal status.

  • Entity and ownership verified
  • Every person who works identified
  • Operations and states disclosed
02

The owner exclusion is documented

Where permitted, a qualifying owner, officer, member, or partner may be excluded by the policy or a state filing. The exact rule and form vary by state and entity type.

  • Eligibility reviewed
  • Election or endorsement confirmed
  • Personal benefit gap understood
03

A minimum-premium policy is issued

With no employee payroll estimated, the insurer may charge its minimum premium. That is an underwriting result, not a universal price, discount, or promise about the final audit.

  • Carrier terms reviewed
  • Minimum charges itemized
  • Audit basis explained
04

The certificate reflects the policy

A certificate can summarize an in-force policy for a client or general contractor. It does not create coverage, add rights, or override exclusions that are not in the policy itself.

  • Holder details accurate
  • Required endorsements checked
  • Policy controls when terms differ

State rules are not uniform

“No employees” does not produce one national answer.

A sole proprietor may be exempt in one state, a particular contractor class may still need coverage, and another state may use a different owner-election process. Contract requirements can also be stricter than the minimum required by law.

Virginia example

The Virginia Workers' Compensation Commission says a sole proprietor with no employees and no subcontractors is not required by law to carry coverage, but may obtain it voluntarily.

Read the commission's guidance
California example

California requires employers to carry workers' comp even with one employee. CSLB also identifies contractor classifications that must carry coverage even without employees.

Read CSLB's current rules
New York example

New York says a sole proprietor with no employees is generally not required to carry workers' comp, while noting that a general contractor may still require a policy as a condition of work.

Read the board's guidance

A certificate is evidence, not an amendment.

Insurance regulators consistently warn that a certificate cannot expand or change the underlying policy. Confirm requested endorsements in the policy itself, and never assume the certificate gives an excluded owner benefits.

See the Texas Department of Insurance certificate FAQ

Prepare for the audit

Keep the records that support zero payroll.

Save payroll reports, general ledgers, tax forms, and certificates for insured subcontractors. If the audit finds employee payroll or uninsured labor, the carrier may calculate additional premium under the policy terms.

Sources and review date

Built from regulator guidance, not a price blog.

Reviewed September 2, 2026. Rules and carrier practices can change. The linked agencies are starting points, not a substitute for current state-specific advice.

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