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California Workers Compensation Laws

Workers compensation law, rule and policy information for the State of California

Related Pages:  More About California Rules


State:  California

Authority/Rating Bureau:  Workers Compensation Insurance Rating Bureau of California. The state of California operates its workers compensation system by its own rules. It does not use NCCI.

Workers' Compensation Insurance Rating Bureau of California
525 Market Street, Ste. 800
San Francisco, CA 94105-2716
415-777-0777

Compulsory:  Yes

Private Insurance:  Allowed

Self-Insurance:  Allowed after meeting state requirements.

State Fund:  Employers can choose to secure workers compensation coverage from the State of California operated workers compensation fund or private insurers. Contact the state fund at:

State Compensation Insurance Fund (SCIF)
1275 Market Street
San Francisco, CA 94103
(415) 565-1234
http://www.statefundca.com/

Assigned Risk:  California State Compensation Insurance Fund



Numerical Exceptions:  California employers are required by law to have workers' compensation insurance, even if they have only one employee

Individual Waivers Allowed:  No waivers are permitted.

Sole Proprietor:  Excluded from coverage/may elect to be included. If included the rating payroll used is a minimum of $40,300 and a maximum of $104,000 per year as of 1-1-2012, $41,600/$106,600 as of 1-1-2013, $42,900/$109,200as of 1-1-2014.

Partners:  Are included in coverage. If included the rating payroll used is a minimum of $40,300 and a maximum of $104,000 per year as of 1-1-2012, $41,600/$106,600 as of 1-1-2013, $42,900/$109,200as of 1-1-2014.

Corporate Officers:  Officers, if sole shareholders of the corporation, are excluded from coverage but may elect to be included. Officers who are not sole shareholders are included in coverage. To clearify, this only applies to closely held corporations, those where all stock is owned by officers or board members. If any shares are owned by others, then this is not considered a closely held corporation and officers are then included in coverage. This information can be found in California Labor Code Section 3351-c. If included the rating payroll used is a minimum of $40.300 and a maximum of $104,000 per year as of 1-1-2012, $41,600/$106,600 as of 1-1-2013, $42,900/$109,200as of 1-1-2014.

LLC Members:  All working members are included in coverage. However according to California Labor Code Section 3351-(f) managing members of an LLC are excluded from coverage but may elect to be included. If included the rating payroll used is a minimum of $40,300 and a maximum of $104,000 per year as of 1-1-2012, $41,600/$106,600 as of 1-1-2013, $42,900/$109,200as of 1-1-2014.



Contractors:  Those who are not supervised by another are normally condisdered to be independent contractors and not employees for work comp consideration. Careful examination of the work status must be conducted to make a proper determination of employment status.

Special Notes:  NA

California Workers Compensation Subrogation:  Information about workers compensation subrogation for California can be found under Labor Code 3852. Here's a link we've provided for direct access to this code.

California Code - Workers Compensation Subrogation


California Workers In Other States; Other States Workers In California; Extraterritorial; Reciprocity; Non-Compliance:  When a California worker is working temporarily in another state, workers compensation coverage for that worker is governed by the extraterritorial provisions found in California statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. Reciprocity governs coverage for a worker from another state who is working temporarily in California. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

  • Extraterritorial: 
    • Provisions: Yes
    • Duration: Not Specified
  • Reciprocity: 
    • Allowed: Yes
  • Specific Statute:  3600.5;
  • For More Information Contact:  California Division of Workers Compensation as shown below




Regulated By: 

California Department of Insurance
Consumer Communications Bureau
300 South Spring Street, South Tower
Los Angeles, CA 90013
213-897-8921
800-927-4357

Division of Workers Compensation
Post Office Box 420603
San Francisco, California 94142
415-703-4600
http://www.dir.ca.gov/DWC/dwc_home_page.htm

Workers Compensation Statute: 

http://www.dir.ca.gov/DWC/Laws_Regulations.htm


Didn't find what you were looking for? Search our site for more about California rules: 



Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.





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email: rks@workcompconsultant.com


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