Hiring Your First Employee: Pharmacy Insurance Needs

Essential insurance requirements when hiring your first pharmacy employee including workers comp triggers, EPLI coverage, and classification codes.

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Published January 1, 2026

Key Takeaways

  • Workers' compensation insurance becomes mandatory in most states the moment you hire your first employee, with serious penalties for non-compliance including fines up to $100,000 and potential jail time.
  • Proper classification codes directly affect your workers' comp premiums—misclassifying pharmacy employees can lead to audits, penalties, and unexpected bills.
  • Employment Practices Liability Insurance (EPLI) protects your pharmacy against wrongful termination, discrimination, and harassment claims, starting at around $18 per employee annually.
  • Accurate payroll reporting is essential from day one, including federal forms like W-2s, Form 940 for unemployment tax, and quarterly Form 941 for withholding taxes.
  • Small pharmacies are particularly vulnerable to employment claims because they typically lack dedicated HR departments and comprehensive employee handbooks.
  • Beyond workers' comp, consider general liability and professional liability coverage increases to account for additional staff members handling prescriptions and customer interactions.

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You've been running your pharmacy solo, but business is growing. You're ready to hire your first employee—maybe a pharmacy technician or an administrative assistant. Exciting, right? But here's what catches most pharmacy owners off guard: the insurance landscape changes completely the moment you add that first employee to your payroll. What worked when you were a one-person operation won't cut it anymore.

Let's walk through what you need to know about insurance when hiring your first pharmacy employee. We'll cover the requirements you absolutely must meet, the coverage that protects your business from common employment risks, and how to avoid expensive mistakes with classification and reporting.

Workers' Compensation: Your First Major Insurance Requirement

In most states, workers' compensation insurance becomes mandatory the instant you hire your first employee. Not when you hit five employees. Not after a 90-day probation period. Immediately. This catches many pharmacy owners by surprise because they assume there's some small-business exemption. There usually isn't.

Workers' comp covers medical expenses and lost wages if your employee gets injured on the job. For a pharmacy, that might mean a technician straining their back lifting boxes of inventory, cutting themselves on broken glass, or even developing carpal tunnel syndrome from repetitive tasks. The policy also includes employer's liability coverage, which protects you if an employee sues over their injury.

The penalties for skipping workers' comp are severe. Pennsylvania can impose up to one year in jail and $2,500 in fines for each day you operate without coverage. California goes even higher—up to $100,000 in penalties plus potential jail time. These aren't scare tactics; state agencies actively audit businesses and take non-compliance seriously.

Get your workers' comp policy in place before your employee's first day. Not their first week—their first day. Most insurers can bind coverage quickly, often within 24-48 hours, so there's no excuse for delay.

Classification Codes: Why They Matter More Than You Think

When you apply for workers' compensation insurance, you'll be asked to classify your employees using NCCI codes (National Council on Compensation Insurance codes). These three or four-digit numbers categorize workers based on their job duties, and they directly determine your premium rates.

For pharmacy employees, accurate classification is crucial. A pharmacy technician working at the counter has different risk exposure than someone primarily stocking shelves or handling deliveries. Your insurer calculates rates as a cost per $100 of payroll, factoring in the average number of workplace injuries for each role. Riskier jobs cost more to insure.

Here's the trap: if you misclassify employees to get a lower rate, you're setting yourself up for a painful audit. Insurance companies regularly review payroll records and employee duties. When they discover misclassification, they'll retroactively charge you the correct premium plus penalties. You might think you're saving money by classifying everyone under the lowest-risk code, but you're actually creating a ticking time bomb.

Work with your insurance agent to get the classifications right from the start. Describe exactly what your employee will be doing day-to-day. If they wear multiple hats—common in small pharmacies—your agent can help determine the appropriate code based on their primary duties. Note that 35 states use the standard NCCI system, while 10 states have modified it, and five states (California, New Jersey, New York, Delaware, and Pennsylvania) have their own classification systems entirely.

Employment Practices Liability Insurance: Protection You Didn't Know You Needed

Workers' comp covers physical injuries. But what about when an employee claims you discriminated against them in hiring, harassed them at work, or wrongfully terminated them? That's where Employment Practices Liability Insurance (EPLI) comes in, and small pharmacies often overlook it entirely.

EPLI covers legal costs, settlements, and judgments when employees sue over workplace treatment. Common claims include discrimination based on age, gender, race, or disability; sexual harassment; retaliation after an employee reports problems; wrongful termination; and failure to promote. Some policies also cover wage and hour violations, though coverage varies.

You might think, "I only have one employee—what are the odds they'll sue me?" Higher than you'd guess. Small businesses are particularly vulnerable to employment claims because they typically lack HR departments, formal employee handbooks, and documented policies for hiring, discipline, and termination. Without clear procedures, every employment decision becomes subjective, which makes defending against claims much harder.

The good news: EPLI is relatively affordable. Coverage can start around $18 per employee per year, though costs vary based on your number of employees, turnover rate, and claims history. You can often add it as an endorsement to your Business Owner's Policy (BOP) or general liability policy, or purchase it as a standalone policy. For a small pharmacy hiring its first employee, adding EPLI to your existing business insurance package is usually straightforward and inexpensive.

Payroll Reporting: Getting the Paperwork Right

Accurate payroll reporting isn't just good business practice—it's essential for maintaining proper workers' compensation coverage and staying compliant with tax laws. Your workers' comp premium is based on your payroll, so insurers will audit your records to verify you've paid the correct amount. Sloppy payroll records lead to premium adjustments and headaches.

Here's what you need to handle when you hire your first employee: You must provide employees with wage statements (Form W-2) by January 31 following the tax year, and file copies with the IRS by the same date. Starting with tax year 2026, the IRS requires you to break out overtime pay differently on W-2s using new codes for the FLSA-required portion of overtime.

You'll also file Form 940 to report annual Federal Unemployment Tax (FUTA) liability, and Form 941 quarterly to report income taxes and Social Security and Medicare taxes withheld from employee paychecks. If you hire contractors or freelancers, you'll need Form 1099-NEC for anyone you paid $600 or more during the year.

Many small pharmacy owners use payroll services like Paychex, ADP, or Gusto to handle these requirements automatically. The cost is modest—typically $40-150 per month for a single employee—and it ensures you don't miss deadlines or make calculation errors. It also keeps your records organized for workers' comp audits.

Other Coverage Considerations When Adding Staff

Beyond workers' comp and EPLI, review your existing pharmacy insurance policies when you hire employees. Your general liability coverage limits might need adjustment, since you now have additional people interacting with customers and handling medications. Professional liability (errors and omissions) insurance becomes even more critical when pharmacy technicians are filling prescriptions under your supervision—any mistake they make is ultimately your responsibility.

If you're providing health insurance benefits—which you're not required to do with under 50 employees—make sure you understand the reporting requirements. For employers with fewer than 50 full-time and full-time equivalent employees offering fully insured health plans, your insurer typically handles the IRS reporting. If you have fewer than 25 full-time equivalent employees and pay at least 50% of premiums, you may qualify for the Small Business Health Care Tax Credit.

Don't forget about your business property coverage. More employees often means more equipment, computers, and inventory. Make sure your property insurance reflects your actual assets and covers the full replacement value.

How to Get Started: Your Action Plan

Before your first employee starts work, contact your insurance agent and explain that you're hiring. They'll help you secure workers' compensation coverage and review your other policies. Be prepared to provide details about the employee's job duties, estimated annual payroll, and start date. Your agent can bind coverage quickly, often within a day or two.

Set up proper payroll systems from day one. Whether you use a payroll service or handle it yourself with software, establish clean record-keeping practices immediately. Track hours worked, wages paid, and taxes withheld meticulously. These records serve double duty—they're required for tax compliance and workers' comp audits.

Consider adding EPLI coverage even if it's not required. The cost is low, and the protection is valuable. Also invest time in creating basic employment documents: an offer letter, an employee handbook covering your policies on harassment, discrimination, time off, and discipline, and clear job descriptions. These documents don't just protect you legally—they also help your new employee understand expectations and feel confident about their role.

Finally, talk to other pharmacy owners who've been through this transition. They can share what worked, what didn't, and what surprised them about hiring their first employee. Local pharmacy associations or online communities can be valuable resources.

Hiring your first employee is a major milestone for your pharmacy. Getting the insurance and reporting requirements right from the start protects both your business and your new team member. Take the time to do it properly, and you'll avoid costly mistakes while building a solid foundation for future growth.

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Frequently Asked Questions

Do I really need workers' comp insurance for just one employee?

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Yes, in most states workers' compensation insurance is mandatory from the moment you hire your first employee. There's no minimum employee threshold in the majority of states. The penalties for operating without coverage are severe—fines can reach $100,000 in California, and some states impose jail time. Contact your state's workers' compensation board or an insurance agent to confirm your state's specific requirements, but plan on needing coverage immediately.

How much does workers' comp insurance cost for a pharmacy employee?

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Workers' comp costs are calculated per $100 of payroll and vary significantly by state and employee classification code. For pharmacy employees, rates depend on whether they're primarily filling prescriptions, handling inventory, or performing administrative work. Expect to pay anywhere from $0.50 to $3.00 per $100 of payroll, though rates can be higher or lower depending on your location and the specific classification. Your insurance agent can provide exact quotes based on your state and employee duties.

What's the difference between workers' comp and EPLI coverage?

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Workers' compensation covers physical injuries and illnesses that happen on the job, including medical expenses and lost wages. EPLI (Employment Practices Liability Insurance) covers claims related to how you treat employees—discrimination, harassment, wrongful termination, and retaliation. You need both types of coverage because they protect against completely different risks. Workers' comp is typically required by law; EPLI is optional but highly recommended for any employer.

Can I classify my pharmacy technician as an independent contractor to avoid insurance requirements?

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No, and attempting this is a serious mistake. The IRS and state agencies have strict tests for determining whether someone is an employee or contractor, based on factors like control over work schedule, use of your equipment, and integration into your business operations. A pharmacy technician working regular hours at your location under your supervision is almost certainly an employee. Misclassifying employees as contractors can result in back taxes, penalties, and liability for unpaid insurance premiums.

What payroll records do I need to keep for workers' comp audits?

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Keep detailed records of all wages paid, hours worked, job classifications, and any overtime or bonuses. Your workers' comp insurer will audit these records (typically annually) to verify you've paid the correct premium based on actual payroll. Maintain records for at least three years, including W-2s, payroll journals, time cards, and any documentation supporting employee classification codes. Good records prevent disputes and unexpected premium adjustments during audits.

Does my existing Business Owner's Policy cover my new employee?

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Your BOP likely includes general liability coverage that extends to employees, but it won't include workers' compensation, which is a separate policy required by law. Review your BOP when hiring to ensure your liability limits are adequate with additional staff, and ask about adding EPLI coverage as an endorsement. Professional liability (errors and omissions) coverage becomes even more important when employees are filling prescriptions, so verify those limits are sufficient as well.

We provide this content to help you make informed insurance decisions. Just keep in mind: this isn't insurance, financial, or legal advice. Insurance products and costs vary by state, carrier, and your individual circumstances, subject to availability.

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