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California Workers Compensation Laws
Workers compensation policy information for the State of California
- 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.scif.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 $39,000 and a maximum of $101,400 per year as of 1-1-2011.
- Partners: Are included in coverage. If included the rating payroll used is a minimum of $39,000 and a maximum of $101,400 per year as of 1-1-2011.
- 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 $39,000 and a maximum of $101,400 per year as of 1-1-2011.
- 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 $39,000 and a maximum of $101,400 per year as of 1-1-2011.
- 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:
- 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
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- 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. 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.
Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (931) 292-2633
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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