Yes — And You Probably Should
You do not need a payroll service or PEO (Professional Employer Organization) to get workers' compensation insurance. You can buy a standalone workers' comp policy directly from an insurance carrier, and in many cases that's the smarter financial move.
The confusion comes from two sources: PEOs that market workers' comp as a bundled benefit of their service, and payroll companies that partner with WC carriers for "pay-as-you-go" billing. Both are convenient — but neither is required.
Your Three Options
Option 1: Standalone Workers' Comp Policy (Direct or Through an Agent)
- How it works: You buy a policy from a workers' comp carrier. You report your payroll quarterly or annually. The carrier bills based on estimated payroll and reconciles at year-end audit.
- Best for: Businesses that want full control, already run their own payroll (or use basic payroll software like QuickBooks or Gusto), and want to shop the broadest carrier market.
- Cost: Premium only — no service fees, no PEO markup.
- Downside: You handle payroll reporting yourself. Year-end audit may result in additional premium or a refund.
Option 2: Pay-As-You-Go Through a Payroll Provider
- How it works: Your payroll provider (ADP, Paychex, Gusto, etc.) integrates with a WC carrier. Premium is deducted each pay period based on actual payroll — no large upfront deposit, no year-end audit surprise.
- Best for: Businesses with fluctuating payroll (seasonal, project-based) who want predictable billing.
- Cost: Premium + payroll service fees. The carrier options are limited to whoever the payroll provider partners with.
- Downside: You're locked into the payroll provider's carrier partners. Often just 1-3 options, versus 20+ through an independent agent.
Option 3: PEO (Professional Employer Organization)
- How it works: The PEO becomes the "co-employer" of your workforce. They handle payroll, HR, benefits, and workers' comp under their master policy. Your employees technically work for the PEO.
- Best for: Very small businesses (under 10 employees) in high-risk industries who can't get standalone coverage, or businesses that want full HR outsourcing.
- Cost: Highest total cost. PEO administrative fees typically run 2-12% of gross payroll on top of the WC premium. You're also paying for HR services you may not need.
- Downside: You lose control over your carrier, your experience mod may be blended with other PEO clients, and leaving a PEO mid-year can create coverage gaps.
The Hidden Cost of PEOs
Many small contractors end up in a PEO because their first carrier non-renewed them or they couldn't find standalone coverage. But PEOs come with trade-offs:
- Blended experience mod. Your clean claims history gets pooled with other PEO clients. If the pool has high losses, you pay for it.
- No mod portability. When you leave the PEO, you may not be able to transfer your claims history, which means starting with a 1.00 mod instead of the lower mod you earned.
- Limited carrier choice. The PEO picks the carrier. You can't shop for a better rate.
- Exit penalties. Some PEOs charge early termination fees or hold your claims data.
When to Leave a PEO
Consider moving to standalone WC if:
- You have 5+ employees and a clean claims history
- Your current PEO premium seems high relative to your class code rates
- You want to build your own experience mod for long-term savings
- You need carrier flexibility (e.g., to meet specific certificate requirements for contracts)
How to Get Standalone Coverage
- Contact an independent agent — not a captive agent, not a PEO sales rep. Independent agents access dozens of WC carriers and can compare pricing.
- Gather your data: 3 years of loss runs, current payroll by class code, employee count, and your FEIN.
- Get quotes from 3+ carriers. Rates for the same class code can vary 25-40% between carriers.
- Ask about pay-as-you-go billing even on standalone policies — many carriers now offer it directly, no payroll provider required.
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Sources: National Association of Professional Employer Organizations (NAPEO); NCCI Experience Rating Plan Manual — Mod Portability Rules; U.S. Small Business Administration — Workers' Comp Guide