Insurance for Independent Contractors, Freelancers, and 1099 Consultants

When you go independent, your former employer's insurance no longer covers your work. Most freelancers and 1099 consultants need professional liability (E&O), because the main risk is a client claiming your work cost them money, and client contracts commonly require it along with general liability. Washington and Idaho generally do not require sole proprietors without employees to carry workers comp.

By Trella Commercial · Updated October 24, 2026

The short version

  • You are now the one who gets sued. As an employee, your employer's insurance generally covered your work. As an independent contractor, claims come to you.
  • E&O is usually first. Clients hire you for expertise, and the main claim is that your work cost them money.
  • Contracts decide much of it. Client agreements commonly list the coverages and limits you must carry before you start. Idaho's standard state contract terms make the contractor "solely liable for all labor, taxes, insurance, required bonding, and other expenses."
  • Workers comp is usually optional for a solo owner in both states, but required once you hire employees.
  • Being a true independent contractor matters. The insurance questions assume you really are one; see independent contractor misclassification in Washington.

What independent contractors usually need

CoverageWhyWho needs it most
Professional liability (E&O)Claims that your work, advice, or deliverables cost a client moneyConsultants, developers, designers, marketers, analysts, project managers
General liabilityInjury or property damage at a client site, and advertising injuryAnyone working on client premises; often required by contract
CyberClient data on your laptop, accounts, or systemsAnyone handling client data or credentials
Business property or a business owners policyYour equipment and home office, which a homeowners policy may limitFreelancers with valuable equipment
Workers compRequired once you have employeesAnyone hiring help

More detail for consultants: professional liability insurance for consultants. For technology work: tech E&O.

Workers comp when you work alone

StateSole proprietor with no employeesOnce you hire
WashingtonNot required to have L&I coverage for yourself; you can choose to buy it (RCW 51.12.020; RCW 51.32.030)Employees must be covered through L&I, and many contracts also ask for stop-gap employers liability; see stop-gap insurance
IdahoSole proprietors are exempt; you can elect coverage (Idaho Code 72-212(6), 72-213)Generally required from the first employee; see Idaho workers compensation

What client contracts ask independent contractors for

ContractWhat it requires
Washington statewide IT project management contract (14822)General liability of $2,000,000 per occurrence and $4,000,000 aggregate; workers comp as required by law; stop-gap employers liability of $1,000,000; technology E&O of $2,000,000 per occurrence and $4,000,000 aggregate and cyber of $1,000,000 / $2,000,000 when the purchaser requests them; a $1,000,000 umbrella over all liability policies, including professional liability
Idaho Department of Education standard solicitation termsProfessional liability of at least $1,000,000 per occurrence and $2,000,000 aggregate in the standard terms, a 24-month tail or qualifying retroactive date for claims-made coverage, and insurers rated A-, VII or better

Private client contracts vary. Paste yours into our contract insurance checker to see what it requires before you sign.

Going from employee to independent: a checklist

  1. Read your first contract's insurance section before you sign, and get quotes before you need certificates.
  2. Buy E&O with a retroactive date at your start date, and keep it as you renew.
  3. Check your homeowners or renters policy for business equipment and business visitors; it may not cover either.
  4. Check your auto policy if you drive to client sites for work.
  5. Decide on workers comp for yourself, and add it before you hire anyone.
  6. Keep coverage after a contract ends if the contract requires it; E&O is usually claims-made.

Common questions

Do independent contractors need insurance?

Usually. Without an employer's coverage, claims about your work come to you directly, and many client contracts require you to carry professional liability, general liability, or both.

What insurance do freelancers need?

Most freelancers start with professional liability (E&O), since their main risk is a client claiming their work caused a loss. Add general liability if you work on client premises or your contracts require it, and cyber if you handle client data.

Do 1099 contractors need workers comp in Washington?

A sole proprietor with no employees is generally not required to cover themselves through L&I, but can choose to. Once you hire employees, L&I coverage is required.

Do I need E&O if my client does not require it?

You still carry the risk. A client can bring a claim whether or not the contract required insurance, and E&O typically pays defense costs for covered claims, even ones without merit.

Sources

This guide is general information. Coverage depends on the policies actually issued. Reviewed October 2026.

More in this guide

  • Professional Liability (E&O) Insurance for Washington and Idaho Businesses

    The complete guide this page is part of.

  • Professional Liability Insurance for Consultants

    Professional liability and errors and omissions (E&O) insurance for consultants and advisors in Washington and Idaho: what it covers, what client and government contracts require, how much to carry, claims-made and tail coverage, AI-assisted work, and what else consultants usually need.

  • How Much Does Professional Liability (E&O) Insurance Cost?

    What drives the cost of professional liability and errors and omissions (E&O) insurance for Washington and Idaho businesses: your profession and services, revenue, limits and deductible, claims history, contract requirements, retroactive date, defense terms, and how to lower the premium without losing coverage.

  • Claims-Made vs Occurrence Insurance: What Is the Difference?

    The difference between claims-made and occurrence insurance policies, with examples: retroactive dates, prior acts, extended reporting periods (tail), switching insurers, retiring or closing a business, how Washington courts treat late notice under claims-made policies, and which business policies use which form.

  • Tail Coverage (Extended Reporting Period) for Professional Liability

    What tail coverage, or an extended reporting period, is and when you need it: closing, selling, or retiring from a business, switching insurers, and contracts that require it. How long a tail to buy in Washington and Idaho, and what a tail does and does not cover.

  • How Much Professional Liability (E&O) Insurance Do I Need?

    How to choose professional liability (E&O) limits: per claim and aggregate limits, what Washington and Idaho contracts and rules require, defense costs inside or outside the limits, deductibles, limitation of liability clauses, and when $1 million is not enough.

  • Professional Liability vs General Liability: What Is the Difference?

    The difference between professional liability (E&O) and general liability insurance: what each covers, real examples, why general liability excludes professional mistakes, claims-made vs occurrence, additional insured differences, and why most service businesses and client contracts need both.

  • Tech E&O Insurance for Software, SaaS, and IT Companies

    Technology errors and omissions (tech E&O) insurance for software, SaaS, and IT companies in Washington and Idaho: what it covers, how it combines with cyber, what state and client contracts require, limits, claims-made terms, AI features, and common gaps.

  • My Contract Requires Professional Liability (E&O) Insurance. What Now?

    What to do when a client contract, MSA, or government solicitation requires professional liability or errors and omissions (E&O) insurance: reading the limits, claims-made and tail terms, insurer rating, additional insured, certificates, real Washington and Idaho examples, and how to get covered before work starts.

  • Professional Liability Insurance for Architects and Engineers

    Professional liability (E&O) insurance for architects, engineers, land surveyors, and interior designers in Washington and Idaho: licensing rules, what owner and design-build contracts require, six-year construction claim periods, project policies, tail coverage when you retire, and common gaps.

  • Insurance for Marketing, Advertising, and Creative Agencies

    Insurance for marketing, advertising, design, and creative agencies in Washington and Idaho: professional liability (E&O) for campaigns that miss, media liability for copyright and defamation claims, why general liability may not cover an agency's advertising work, AI-generated content, client data and cyber, and what client contracts require.

  • Which Professions Must Carry Professional Liability Insurance in Washington and Idaho?

    Which professions Washington and Idaho law requires to carry professional liability or errors and omissions (E&O) insurance, or to disclose that they do not: lawyers, real estate licensees, escrow agents, structural pest inspectors, interior designers, and the professions with no requirement, including architects, engineers, CPAs, home inspectors, appraisers, and insurance agents.

  • Waiver of Subrogation Explained

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  • Additional Insured Explained

    What additional insured means, why clients, general contractors, and landlords require it, the endorsement you need (ongoing and completed operations, blanket or scheduled), why a certificate alone is not enough, primary and noncontributory wording, which policies it applies to, and real Washington and Idaho contract examples.

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