Workers’ compensation insurance for California businesses

Protect your team, meet California requirements and keep your coverage in line with the work you actually do.

State requirements

Does your business need workers’ compensation?

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Who counts as an employee

In California, workers’ compensation is required for every employer with at least one employee, including part-time employees. There’s no minimum headcount.

Corporate officers and directors who own at least 15 percent of the company, and LLC managing members, can generally exclude themselves by signing a waiver with the insurer. The business still needs coverage for every other employee. Sole proprietors with no employees usually don’t have to cover themselves, except licensed contractors, who must carry workers’ compensation to keep a CSLB license active since January 1, 2026.

Not sure where you stand? Tell us about your team and we’ll walk you through it.

Workers comp requirements - California compliance documents
Coverage

What workers' compensation helps cover

Medical treatment

Reasonable and necessary medical care for work-related injuries and illnesses.

Lost wages

Partial wage replacement when an injured employee can’t work while recovering.

Rehabilitation

Support to help an injured employee recover and return to work.

Employer's liability

Protection if your business is sued over a workplace injury, included with most policies.

Good to know

What affects your workers' compensation cost?

Your premium is built from your business, not a one-size-fits-all price.

Payroll

Your estimated annual payroll, split by the type of work each employee does.

Class codes

Each job classification has its own rate based on how risky the work is.

Experience mod

Your experience modification factor compares your claims history with similar businesses.

Claims history

Past claims can affect the options and pricing carriers offer.

Subcontractors

Uninsured subcontractors can be added to your payroll at audit.

Premium audits

Make your next payroll audit easier

At the end of each policy term, your carrier checks your actual payroll against the estimate. We help you get organized so there are fewer surprises.

In depth

Workers’ compensation in California: what to know

On this page

Who must carry workers’ compensation

California requires workers’ compensation insurance for every employer with at least one employee, including part-time employees (California Labor Code § 3700). There’s no minimum headcount: coverage is required from your first hire, and going without it is a crime.

Most employers buy a policy from a private insurance company or from State Compensation Insurance Fund (State Fund), a state-created insurer that competes with private carriers. Large employers can also self-insure with approval from the state.

How employees are counted

In California, the question isn’t how many people you employ but whether you employ anyone. A few points still trip up employers:

  • Part-time and seasonal workers are employees. They need coverage and their pay goes on your payroll report, regardless of hours.
  • Corporate officers and LLC members are usually covered unless they sign a valid waiver with the insurer. Their pay is included in your premium until they do.
  • Workers you call contractors may legally be employees. California uses the ABC test (Labor Code § 2775). If someone works under your direction, does work that’s part of your usual business, or doesn’t run an independent business of their own, the state, a court or your carrier may treat them as an employee regardless of the paperwork.
  • Unlicensed subcontractors can count as your employees. See the subcontractor section below.

Excluding corporate officers and LLC members

In California, corporate officers and directors who own at least 15 percent of the company’s stock, and managing members of an LLC or general partners, can generally exclude themselves from coverage by signing a written waiver with the insurance company (California Labor Code §§ 3351 and 3352). The waiver is filed with your carrier, not the state.

A few things to know before you sign one:

  • The waiver has conditions, such as ownership level and, for officers, having health coverage, so we’ll confirm you qualify before you sign.
  • Each person signs their own waiver, and it doesn’t carry over automatically if you change carriers.
  • An excluded owner has no workers’ compensation benefits if they’re hurt on the job, so health and disability coverage matter more.
  • The waiver only removes that person. Every other employee still needs coverage.

Sole proprietors and partners

A sole proprietor with no employees generally isn’t required to cover themselves, and owners can usually choose to be included on the business’s policy. There’s one big exception: since January 1, 2026, every contractor licensed by the California Contractors State License Board (CSLB) must carry workers’ compensation to keep the license active, even with no employees (Senate Bill 216).

Outside construction, many clients and landlords still ask for proof of workers’ compensation in their contracts, so solo owners often carry a policy anyway.

Subcontractors and statutory employer liability

California is strict about who counts as your employee. Under California Labor Code § 2750.5, a worker doing work that requires a contractor’s license is presumed to be an employee unless they hold that license. In practice, if you hire an unlicensed subcontractor and one of their workers is hurt, the claim can land on your policy.

That’s also why your carrier looks at subs during the audit. If you paid a subcontractor who can’t show valid workers’ compensation for the period they worked for you, the auditor may add what you paid them to your payroll and charge premium on it.

How to protect yourself

  • Confirm every sub’s license and workers’ compensation status on the CSLB license lookup before they start.
  • Collect a current certificate of insurance, and get a new one when their policy renews.
  • Keep a simple file: sub name, dates worked, amount paid and certificate dates.

What workers’ compensation pays

Workers’ compensation benefits are set by California law, not by your policy. An injured employee can receive:

  • Medical care: treatment, prescriptions and related travel for a covered work injury or illness, with no deductible for the employee.
  • Temporary disability: generally two-thirds of the employee’s average weekly wage, within state minimums and maximums, while they can’t work. The first three days aren’t paid unless the employee is out more than 14 days or is hospitalized (Labor Code § 4652).
  • Permanent disability: payments when an injury leaves a lasting impairment, based on a doctor’s rating.
  • Supplemental job displacement benefit: a voucher for retraining when an employee can’t return to their job and no suitable work is offered.
  • Death benefits: payments to dependents plus burial expenses.

Weekly minimums and maximums change every year, and the Division of Workers’ Compensation publishes the current figures. We’ll explain what applies to your situation.

The employer's liability part of your policy

A standard policy has two parts. Part One pays the benefits your state’s law requires. Part Two, employer’s liability, responds when the business itself is sued over a workplace injury, for example a lawsuit from a family member or a claim brought through a third party who was sued and turns to you.

Employer’s liability has its own limits: usually one per accident, one per employee for disease and an overall policy limit for disease. Many general contractors and umbrella carriers require higher employer’s liability limits than the policy’s default.

How your premium is calculated

Workers’ compensation insurance is priced on payroll, not head count. The basic math works like this:

  1. Each employee’s work is assigned a class code that describes the job, such as clerical office work, warehouse operations or restaurant staff. California uses its own classification system, maintained by the Workers’ Compensation Insurance Rating Bureau (WCIRB).
  2. Payroll for each class is divided by 100, because rates are expressed per $100 of payroll.
  3. That figure is multiplied by the carrier’s rate for that class code.
  4. The carrier applies your experience modification factor (often called an e-mod or x-mod), a number that adjusts the premium based on your claims history compared to similar businesses.

An e-mod below 1.00 means fewer losses than average and brings the premium down; above 1.00 means more and pushes it up. In California, the WCIRB calculates the e-mod once a business’s premium over the experience period meets the WCIRB’s eligibility threshold, which it updates each year.

Premium audits, step by step

Because the premium at the start of the term is based on your estimated payroll, the carrier checks the real numbers when the term ends.

  1. The carrier contacts you after the policy expires, by mail, phone or a field visit.
  2. You provide payroll records for the full term, often including payroll reports, quarterly tax filings and general ledger or 1099 records.
  3. The auditor matches each employee’s pay to a class code based on what they actually did.
  4. They review payments to subcontractors and check for valid certificates of insurance.
  5. The final premium is calculated from the real numbers, and you either owe additional premium or receive a return.

The most common audit surprises are payroll that was higher than estimated, subcontractors who couldn’t show coverage and employees whose actual job didn’t match the original class code. Accurate estimates and good sub tracking help avoid these.

Penalties for not carrying coverage

Going without required coverage in California is expensive and can shut you down:

  • Stop order: the Labor Commissioner can order you to stop using employee labor until you have coverage (Labor Code § 3710.1).
  • Penalty assessment: $1,500 per employee on payroll at the time. If you were uninsured for more than a week in the past year, the penalty is the greater of $1,500 per employee or twice the premium you should have paid (Labor Code § 3722).
  • Criminal charges: failing to carry coverage is a misdemeanor, with up to one year in county jail and a fine of at least $10,000 (Labor Code § 3700.5).
  • Paying the claim yourself: an injured employee can file for benefits, which the state’s Uninsured Employers Fund can pay and then recover from you, or sue you directly in civil court (Labor Code §§ 3706 and 3715).

Posting requirements and medical care

California employers have a few notice duties that also affect who treats an injured employee:

  • Post the DWC notice to employees where workers can see it. It names your carrier and explains how to report an injury and get care (Labor Code § 3550).
  • Give new hires the required workers’ compensation pamphlet, which explains their rights and how to predesignate a personal physician before an injury.
  • Give an injured employee a claim form (DWC 1) within one working day of learning about the injury, and authorize up to $10,000 in treatment while the claim is decided.
  • Tell employees about your carrier’s medical provider network (MPN) if it uses one. Injured employees are generally treated within the network unless they predesignated their own doctor.

If the notice isn’t posted, an injured employee may be able to see their own doctor from the start, outside your carrier’s network, which usually makes claims harder to manage and more costly.

Return-to-work and safety

Fewer injuries and earlier returns to work help both your team and your experience mod. A few habits make a difference:

  • Go over basic safety rules with every new hire.
  • Report every injury to your carrier right away, even ones that seem minor.
  • Keep light-duty tasks in mind, such as material runs, inventory or shop cleanup, so an injured worker can return within their restrictions.
  • Stay in touch with the injured employee while they recover.

How to choose limits and set up your policy

When you set up workers’ compensation insurance, the benefits are set by California law, not something you choose a limit for. Your real decisions are:

  • Employer’s liability limits that satisfy your contracts and any umbrella you carry.
  • Accurate class codes and payroll estimates so the audit doesn’t surprise you.
  • Owner elections: whether officers, members or a sole proprietor are included or excluded.
  • Medical care setup: the required employee notice and how your carrier’s medical provider network works.

We walk through each of these when we set up a policy, and review them at every renewal.

Need a certificate of insurance?

Send us the requirements from your contract, lease or credentialing packet, including the certificate holder, additional insured and waiver of subrogation, so we can review your request.

FAQ

Workers' compensation questions, answered

Do part-time employees count?

Yes. In California, every employee needs coverage from the first hire, including part-time and seasonal workers.

Corporate officers and LLC members are usually covered and included in your premium unless they sign a valid waiver with the insurer. We can review your situation with you.

Yes. California requires workers’ compensation as soon as you have one employee. Many clients, landlords and project owners also require proof of coverage in their contracts.

Payroll records by employee and job type, a list of job duties, and certificates of insurance for any subcontractors you paid during the policy term.

Use our certificate request form with the certificate holder’s name and address and any contract requirements, and we’ll review your request.

Officers and directors who own at least 15 percent of the company, and LLC managing members or general partners, can generally exclude themselves by signing a written waiver with the insurer. Each person signs their own, and the business still needs coverage for everyone else.

You can be. Under California Labor Code § 2750.5, a worker doing licensed work for an unlicensed subcontractor can be treated as your employee. Checking every sub’s license and workers’ compensation on the CSLB lookup, and collecting certificates, is your best protection.

Yes, in a sense. State Compensation Insurance Fund (State Fund) is a state-created insurer that sells workers’ compensation alongside private carriers. We compare State Fund and private carriers so you can see the differences.

If the required DWC notice isn’t posted, an injured employee may be able to see their own doctor from the start, outside your carrier’s medical provider network. That usually makes claims harder to manage and more costly, and missing notices can also bring penalties.

Usually because actual payroll was higher than estimated, an employee’s work was classified differently, or you paid subcontractors who couldn’t show their own coverage. Ask us to review the audit statement with you if something looks wrong.

It’s a factor that compares your claims history with what’s expected for similar businesses. A mod below 1.00 lowers your premium and a mod above 1.00 raises it. Smaller employers may not have one until they meet the eligibility threshold.

For contractors, the CSLB license lookup shows whether a license holder has workers’ compensation on file. For other businesses, the Workers’ Compensation Insurance Rating Bureau (WCIRB) offers a coverage lookup. Either is a useful second check alongside the certificate a subcontractor gives you.

Resources

Straight answers for California employers

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