Workers’ Compensation Insurance California

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What could be covered by California Workers’ Compensation insurance?

Medical expenses for employees who get hurt on the job

Including examinations, treatments and rehabilitation.** Business owners can opt to add themselves to coverage.

Lost wages during recovery

Employees still have bills to pay while they recover from a work-related illness or injury. A workers’ comp insurance policy could help.

Job retraining for sustained injuries

Some employees may need to learn skills or enter a new field during recovery, and a workers’ comp policy could help with the cost.

Permanent injury or disability coverage

In the case of severe work injuries, workers’ compensation coverage could provide benefits for employees who can no longer work.

Death and survivor benefits

In the event of life-ending illness or injury on the job, workers’ comp coverage can help support families with funeral costs and income replacement.

Employers liability legal protection

In addition to covering costs for employees, business owners could get assistance if an employee files a lawsuit for negligence.

Jump ahead to learn:

Is Workers’ Compensation insurance California required for my business?

California workers’ compensation insurance is required for all businesses with at least one employee — full-time or part-time — under California Labor Code Section 3700. This applies regardless of business size, even if you only have one worker.

In addition, many clients, customers, landlords and partners may require proof of workers’ compensation coverage (called a certificate of insurance, or COI) before doing business with you.

Even if workers’ comp isn’t legally required for your California small business, many businesses could benefit from the financial protection of workers’ compensation insurance.

How does Workers’ Compensation California work?

If one of your employees suffers a work-related injury or illness, California workers’ compensation insurance can help get them the care and benefits they need. This type of business insurance also helps protect business owners from personal injury lawsuits that could be related to the incident.

Here’s how the process works in California, per the Division of Workers’ Compensation (DWC):

  1. Report the injury. The employee must report the work-related injury or illness to their employer as soon as possible. And employers must provide the official DWC-1 claim form within one working day of learning about the injury.
  2. Get medical care. The injured employee will be directed to an authorized treating physician. Employees generally receive treatment through providers authorized under California’s workers’ compensation system, although different rules may apply in emergencies or when a physician has been properly predesignated.
  3. File the DWC-1 claim form. The employee completes their section of the DWC-1 form and returns it to the company owner. The business fills in their portion of the form and forwards it to their workers’ comp insurance company. A completed copy is then shared with the employee within 24 hours.
  4. The insurer reviews the claim. The insurance carrier has 90 days to accept or deny the claim. During that time, up to $10,000 in medical treatment must be authorized. If the claim isn’t denied within 90 days, it’s presumed to be covered.
  5. Benefits are paid. Depending on the outcome, the insurer coordinates payment for authorized medical treatment — including doctor’s visits, hospitalization, physical therapy and prescriptions — as well as a portion of lost wages if the employee can’t work.
  6. The employee returns to work or receives ongoing benefits. When medically cleared, the employee returns to their role. If the injury results in a permanent impairment or prevents the employee from returning to work, ongoing disability or supplemental job displacement benefits may apply.

California workers’ compensation operates under a no-fault system: employees don’t need to prove their employer was at fault to receive benefits. And when an employee accepts workers’ comp benefits, they generally waive the right to sue their employer for negligence related to that workplace injury.

How much does California Workers’ Compensation cost?

Workers’ compensation costs vary across industries. Some factors that influence what you’ll pay include:

  • Your number of employees and the type of work they do.
  • Your total payroll.
  • Your insurance claims history.
  • The locations where you do business.

The best way to determine what you’ll pay for CA workers’ compensation for your business is to get a free instant quote from ERGO NEXT.

What can Workers’ Comp California coverage include?

Typically, CA workers’ compensation insurance includes coverage for:

  • Medical treatment and medical care for job injuries.
  • Weekly wages from lost income benefits.
  • Retraining if employees can no longer do their job.
  • Permanent disability benefits and temporary disability benefits.
  • Death benefits and survivor benefits.

Workers’ compensation doesn’t usually cover incidents that aren’t job-related, or situations where the injured person violates company policies, commits misconduct or uses drugs or alcohol.

California Workers’ Comp insurance income benefits

California workers’ comp income benefits depend on the nature and severity of the injury:

  • Temporary total disability (TTD): If a doctor confirms an employee can’t work at all, your employee will receive two-thirds of their average weekly wage, up to the state maximum benefit amount in effect on the date of injury. For 2026, the maximum TTD rate is $1,764.11 per week, but note that this number changes regularly. Benefits are generally capped at 104 weeks within five years of the injury date.
  • Temporary partial disability (TPD): If your employee can return to work with restrictions at reduced wages, they may receive a portion of the difference between pre-injury and post-injury wages.
  • Permanent disability (PD): If the injury results in a lasting impairment after the employee has reached maximum medical improvement (MMI), they will receive ongoing benefits based on disability rating. Permanent disability rates currently range from $160 to $290 per week depending on the disability percentage. But, again, these numbers change over time.
  • Supplemental job displacement benefits: If the employee can’t return to their previous job, they may receive a $6,000 voucher for retraining or education.

CA Workers’ Compensation insurance death benefits

In the unfortunate situation that an employee dies after a covered accident or injury at work, workers’ compensation survivor’s benefits in California usually provide financial support to surviving members of the deceased’s immediate dependents.

California Workers’ Comp death benefits may also cover burial expenses up to $10,000 per the California DIR.

Workers’ Compensation California business owners coverage

Workers’ comp in California can help protect employees and business owners alike.

Business owners have the option to add owners coverage to their business policy to help protect themselves. This could be an asset  if they’re injured on the job to help with medical expenses not covered by personal insurance as well as lost wages while they recover.

Workers’ Compensation insurance California FAQ

Get answers to the most common questions about California workers’ compensation coverage.

What are the California Workers' Compensation laws and state rules?

Here are some key California workers' compensation laws small business owners should know, per California Labor Code Division 4:

  • All California employers with at least one employee must carry workers' compensation insurance, regardless of whether the employee is full-time, part-time, or seasonal.
  • Employers aren't permitted to require employees to contribute to the cost of workers' comp coverage.
  • Employers must post a Notice to Employees (DWC-7) in a visible location at the worksite. Failure to post is a misdemeanor with fines up to $7,000 per violation.
  • New hires must be given a pamphlet explaining their workers' comp rights and responsibilities at the time of hire.
  • Employers must provide the DWC-1 claim form to an injured employee within one working day of learning about the injury.
  • The insurer has 90 days to accept or deny a claim. If it's not denied within 90 days, the claim is presumed covered.
  • Failing to carry required workers' comp coverage is a criminal misdemeanor in California, punishable by a fine of not less than $10,000, up to one year in county jail, or both (Labor Code § 3700.5). Additional state penalties of up to $100,000 may also apply. 

While these are some important things to remember, you should consult an attorney if you have any questions about how these laws may apply to your business.

How long does an employee have to file a Workers' Comp claim in California?

In California, employees should report a work-related injury to their employer as soon as possible. California employers should provide the DWC-1 claim form to an injured employee within one working day of learning about the injury, and promptly file the workers' comp claim with their insurance carrier.

For most injuries, employees have one year from the date of injury to formally file a workers' compensation claim in California. For cumulative trauma injuries, the clock starts from the date the employee first missed work or consulted a doctor and knew or should have known the injury was work-related.

Learn how to file a Workers’ Comp claim with ERGO NEXT.

Who is exempt from Workers' Comp California?

California offers very few exemptions from workers’ compensation insurance. The state requires coverage for virtually all employers with at least one employee. However, there are a few exemption requests that can be made. 

Here's who may qualify:

Sole proprietors and partners with no employees aren't required to carry workers' compensation insurance for themselves. Sole proprietors without employees are automatically exempt so there’s no action you need to take to claim this status. However, the moment you hire your first worker, coverage becomes mandatory immediately with no grace period.

There are some key exceptions to this sole proprietor exemption, like roofers. Even sole proprietors who hold a C-39 roofing license are required to carry workers' comp insurance regardless of whether they have employees, per California Business and Professions Code Section 7125. 

Out-of-state employers with employees temporarily working in California may also apply for limited exemptions.

To see the specific exemption rules for your business — and to start an exemption application if you’re eligible – visit the Department of Consumer Affairs Contractors State License Board on CA.gov.

Learn more about workers' comp insurance exemptions

Am I covered by Workers' Comp in California as an independent contractor?

Independent contractors generally aren't covered by workers' compensation insurance. However, California applies strict worker-classification rules, and some workers treated as independent contractors may legally qualify as employees and be entitled to coverage. If you hire workers and aren't sure of their classification, it's worth reviewing your obligations carefully to avoid penalties.

Do I need CA Workers' Compensation insurance for my subcontractors?

Depending on the circumstances, your business may be responsible for workers' compensation obligations involving uninsured subcontractors. That's why it's important to verify your subcontractor’s coverage and see their certificates of insurance (COI) before work begins.

Can a sole proprietor get California Workers' Comp?

Sole proprietors in California aren't required to carry workers' comp for themselves if they don't have employees.

However, there is an important exception if you work in roofing. C-39 license holders must carry coverage.

Even if it’s not required, there are good reasons to get workers’ comp coverage as a sole proprietor to help protect you against the costs of work-related illnesses and injuries.

Learn more about workers' comp for sole proprietors

Do I need Workers' Comp for remote employees working in California?

Yes. If an employee works remotely from California — even if your business is headquartered in another state — California workers' compensation law applies to them. Under Labor Code § 3700, coverage is required for any employee working in the state.

What if you don't have Workers' Comp in California?

Failing to carry workers' compensation insurance when it's required under California law isn't just a financial risk — it's a criminal offense.

Under California Labor Code § 3700.5, operating a business without required workers' comp coverage is a misdemeanor punishable by:

  • A fine of not less than $10,000
  • Up to one year in county jail
  • Or both

Additional civil penalties of up to $100,000 may also apply. The Labor Commissioner can issue a stop-work order, halting all business operations until you're in compliance.

If an employee is injured while you're uninsured, you're personally responsible for all medical bills, lost wages and rehabilitation costs. The injured employee may also file a civil lawsuit against you directly.

What is the WCIRB and how does it affect my California Workers' Comp rate?

The Workers' Compensation Insurance Rating Bureau of California (WCIRB) is the state's official rating organization. It sets the baseline classification codes and experience modification factors that all insurers use to calculate your premium. Understanding workers’ comp class codes and keeping a clean claims history can meaningfully lower your CA workers' comp costs over time.

What is an experience modification rate (EMR) in California?

California uses an experience modification rate (also called an e-mod or X-mod) to adjust your workers' comp premium based on your actual claims history compared to similar businesses. An EMR below 1.0 usually means fewer claims than average and results in a lower premium; if the work your employees do ranks above 1.0, that can often mean a higher claims history and a higher premium. Maintaining a safe workplace can directly lower your CA workers' comp costs over time.

How ERGO NEXT helps California small business owners

ERGO NEXT makes it fast, easy and affordable to protect your small business — and you can do it all online.

We’ll ask a few questions about your business and give you a quote. You can select your coverage options and buy your policy in about 10 minutes. Your certificate of insurance will be available immediately, and you can access your policy 24/7 via web or mobile app.

If you have questions, our licensed, U.S.-based insurance professionals are available to help.

Start a free quote with ERGO NEXT.

Get Workers’ Comp coverage in about 10 minutes, 100% online.

Other important business insurance policies in California

Workers’ compensation insurance provides many important protections, but you’ll need additional coverage to help offer protections from other types of risks your small business can face.
Many CA small businesses also consider:
General Liability
California General Liability insurance

General liability insurance can help protect your business from common mistakes or accidents, such as customer injury or damages to someone else’s property.

Learn more about general liability insurance
Commercial Auto
Commercial Auto insurance

If you drive or use your personal vehicle for work, commercial auto insurance can help protect your business from accidents.

Learn more about commercial auto insurance.
Commercial Property
Commercial Property insurance in California

Commercial property insurance can provide financial help if your business structures, goods, gear or inventory are damaged or destroyed by a covered event.

Learn more about commercial property insurance.
Errors & Omissions
Professional Liability insurance (E&O insurance)

Professional liability insurance, also called errors and omissions insurance, could help provide financial protection against claims of professional mistakes and negligence.

Learn more about professional liability insurance.
Business Owner Policy
BOP insurance (Business Owners’ Policy)

A Business Owner’s Policy, also called a BOP insurance policy, combines the coverage of both general liability and commercial property insurance into a single, more efficient and comprehensive package.

Learn more about BOP insurance.

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This material has been prepared for informational purposes only and is not intended to provide, and should not be relied on for, legal or compliance advice. Workers' compensation laws and regulations in California are complex and subject to frequent change. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. You should consult with a qualified attorney or legal professional to obtain advice with respect to any particular issue or problem.
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NEXT is part of the ERGO Group, a Munich Re company.

Issuance of coverage is subject to underwriting. Not available in all states. Please see the policy for full terms, conditions and exclusions. Coverage examples are for illustrative purposes only. Your policy documents govern, terms and exclusions apply. Coverage is dependent on actual facts and circumstances giving rise to a claim. Next Insurance, Inc. and/or its affiliates is an insurance agency licensed to sell certain insurance products and may receive compensation from insurance companies for such sales. Policy obligations are the sole responsibility of the issuing insurance company. Refer to Legal Notices section for additional information.

* To the extent permitted by law, applicants are individually underwritten, not all applicants may qualify. Individual rates and savings vary and are subject to change. Discounts and savings are available where state laws and regulations allow, and may vary by state. Certain discounts and policy start times apply to specific coverages only.

** Coverage examples are for illustrative purposes only. Your policy documents govern, terms and exclusions apply. Coverage is dependent on actual facts and circumstances giving rise to a claim.

Any starting prices or premiums represented before an actual customer quote are not guaranteed and are representations of existing premiums of active policies as of April 1, 2026. To the extent permitted by law, applicants are individually underwritten, not all applicants may qualify. Individual rates and savings vary and are subject to change. Discounts and savings are available where state laws and regulations allow, and may vary by state. Certain discounts apply to specific coverages only.