assured standardtaxi how muchupdown
Get a Free Insurance Quote Today

    Home
    Commercial Truck Insurance
    California Worker's Compensation

    California Worker's Compensation

    If employees become ill or injured due to their jobs, they are protected by workers' compensation. These benefits include medical care, physical therapy, disability allowance, salary loss compensation, and death benefits.

    In the 1910s, California implemented workers' compensation laws alongside the majority of other states. Workers’ compensation is based on a no-fault system, which means that an injured or ill employee is not required to prove that the accident or illness was caused by someone else in order to obtain benefits.

    Each state has its specific laws concerning workers' compensation insurance. If you operate a business in California, here’s what you should know.

    Requirements For Worker's Compensation In California

    Each state has its own requirements for workers' compensation. In the majority of states, workers' compensation insurance requirements depend on:

    • Number of employees: The greater the number of employees your company employs, the more workers' compensation coverage is required.
    • Type of business: Certain states mandate coverage for certain types of businesses with employees.

    The number of employees required by each state is different. In Alabama, for instance, companies with five or more employees are required to have coverage. In Arkansas, however, coverage is required for businesses with at least three employees.

    Some states may additionally provide workers' compensation exclusions for certain types of businesses and employees. North Carolina, for instance, exempts railroad staff and farm workers. In Wisconsin, workers employed by Native American businesses, such as casinos, are excluded.

    Every state has its own bureaus to monitor workers' compensation laws and requirements. It is essential that you are aware of your state guidelines, as failure to comply may result in penalties, fines, or even imprisonment.

    You can obtain workers' compensation insurance through state-funded programs or a commercial insurance company.

    Regulations For Worker's Compensation In California

    Worker's Compensation California

    Companies with at least one part-time or full-time employee in California are required to carry workers' compensation insurance. The state defines an employee as a person who works for a corporation in any of the following arrangements:

    • Implied or expressed 
    • Oral or written
    • Lawful or unlawful unemployment

    Several individuals are included under the workers' compensation exemption in California, including:

    • Sole proprietors who may elect to carry insurance
    • Executive officers and board members, if they own the company in its whole
    • Members of an LLC who are not employees of the business

    In addition, independent contractors are not required to be covered by your workers' compensation policy. To assess whether a worker is an independent contractor or an employee, you can utilize the ABC test outlined in California Assembly Bill 5.

    Businesses in California can purchase workers' compensation coverage from private insurance companies or the state fund for workers' compensation. If you lack coverage, you are in violation of the California Labor Code. This implies you may encounter:

    • A fine of $10,000
    • One-year imprisonment
    • State penalty of up to $100,000

    What Worker's Compensation Covers In California

    Workers' compensation insurance, commonly known as workers' comp, provides benefits to your employees in the event of a work-related illness or accident. These benefits include:

    Medical TreatmentEmployees will receive medical treatment to aid in their recovery and return to work.
    Temporary Disability PaymentsTemporary disability compensation for those whose injuries prevent them from performing their regular duties while recovering.
    Permanent Disability BenefitsEmployees are eligible for permanent disability benefits if a doctor diagnoses them with an irreparable injury. Depending on the nature of the disability or illness, certain employees may be entitled to a lifetime pension.
    Supplemental Job Displacement VouchersSupplemental vouchers for job displacement assist with retraining costs if the employee returns to work but cannot perform their original job.
    Death BenefitsDeath benefits for employees’ families if they die from a work-related illness or injury.
    Employer LawsuitEmployers in California may also benefit from workers' compensation insurance. It can safeguard their California company if the family of an employee sues you.

    Workers’ Compensation Claims In California 

    When you get a report of a workplace injury in California, you must follow specific procedures to file a workers' compensation claim. Your employee has one year from the date of his or her injury or illness to report it and file a claim.

    Workplace Injury

    After receiving an injury report, you must provide your employee with a workers' compensation claim form within one working day. Once the form has been submitted, you have one business day to:

    • Provide your employee with a completed copy of the claim form
    • Send the completed claim form and your employee's injury or illness report to your insurance or claims administrator
    • Allow up to $10,000 for necessary medical treatment

    You may also need to authorize light-duty employment for your employee, depending on the circumstances.

    Cost Of Worker's Compensation In California

    In California, the estimated employer rates for workers' compensation are $1.61 for $100 in covered wages. Your workers' compensation rate depends on several factors, including:

    • Payroll
    • Number of employees
    • Location
    • Coverage limits
    • Industry and risk factors
    • Claims history

    Quick Workers' Compensation Stats In California 

    Workers' compensation laws are governed by federal and state statutes, which provide fixed payments to every injured worker and their dependents for occupational diseases, illnesses, and accidents.

    Almost any employee who sustains an injury on the job can apply for worker's compensation benefits to ensure that they are compensated while they recover. Other statistics and facts on workers' compensation include:

    • According to Bureau of Labor Statistics (BLS) data, for every 100 full-time workers, 3.4 workers' compensation claims are filed annually.
    • In 2018, there were 5,250 "total rate" workplace deaths in the United States, or 3.5 per 100 full-time employees
    • In 2018, the total rate of workplace injuries and illnesses was 2.8 per 100 full-time workers, according to data
    • In 2018, OSHA reported that the construction industry had the most fatal workplace accidents, including falls (338), being struck by an object (112), electrocution (86), and being caught between objects (55)
    • The private sector accounted for 4,779 of the 5,280 worker fatalities in the United States in 2017

    Frequently Asked Questions 

    Below are some of the frequently asked questions regarding worker’s compensation:

    Can I use my own insurance instead of workers comp in California?

    As a matter of fact, only workers' compensation insurance can be used to pay for treatment for a work-related injury.

    Can you collect workers comp and unemployment at the same time in California?

    Yes, in certain circumstances. The majority of workers' compensation benefits and unemployment benefits pertain to entirely different types of losses and expenses. You may receive both types of financial assistance so long as their benefits do not overlap or you do not "double-dip."

    How long can you be on workers comp in California?

    In a typical California workers' compensation claim, benefits can be provided for 104 weeks or 2 years. If you do not need to use all 104 weeks of benefits successively, you may spread them out over a period of 5 years.

    Other Insurance Types

    assured standard logo
    Assured Standard will protect your business with the right insurance, depending on your needs. Now more than ever, it’s crucial to have the right general liability insurance experts on your side. Protecting the future of your business starts today.
    Copyright © 2022 Assured Standard. All Rights Reserved.
    linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram