Workers Compensation Insurance in California

California Workers Compensation Insurance Coverage

Our coverage and benefits can be provided for the worker, no matter who is at fault. For those workers injured in the workplace, income replacement and medical expenses may be necessary. The policy will cover for medical expenses of an employee who becomes ill or injured as a result of their duties. It may include traumatic injuries, repetitive injuries, some cognitive and mental injuries, occupational diseases, etc.

There is no need to worry since our experienced agents will cover all of your worker’s insurance needs. Our coverage provides benefits including:

What is Workers’ Compensation?

Workers’ comp insurance delivers benefits to employees who are injured or become ill during the course of or due to employment. In California, every employer must carry insurance to cover the cost of occupational illnesses and injuries. This insurance requirement is compulsory, even if you have only one part-time employee. Businesses based out-of-state with employees hired in California must also have workers’ compensation insurance.

Is Workers Compensation Insurance Required in California?

Yes, it is obligatory for all employers, even if they only have one employee. Sole proprietors are not required to carry workers comp coverage unless they are a roofer. California law requires a business owner to carry this type of insurance for employees who regularly work in CA, even if the company is headquartered in another state.

How Do Workers’ Compensation Claims Work?

Employees who receive an occupational illness or workplace injury should automatically report the incident to the employer. In case an employee does not make a report before the specified deadline, they might not receive benefits. After an illness or injury is reported, business owners and employees first need to gather detailed documentation about the incident and then should take the following steps:

• Visit an approved healthcare professional and gather all the medical records;
• Start the claim process by interviewing witnesses as appropriate;
• Fill out the claim with the exact date, time, place, and circumstances of the injury;
• Receive benefits, which may cover the costs of medical bills, medicines, disability payments, a portion of lost wages, and disability benefits.
• Return to work after the employee has fully recovered from an injury.

Who Is Exempt from Workers Compensation Insurance in California?

To be exempt from workers’ comp insurance, an applicant or licensee must submit the specific form to CSLB (Contractors State License Board), certifying under penalty of perjury that business owners do not employ anyone that is subject to the workers’ comp laws of California.

So, what are the categories exempt from workers’ comp?

Surprisingly, there are some categories of workers that are not covered by workers’ compensation insurance in California:

• Independent contractors
• Deputy sheriffs and deputy clerks
• Individuals who do not work for pay, for example, those who work for food and housing
• Certain volunteers, including volunteers for non-profit organizations
• Students participating in amateur sporting events (amateur sports officials)
• Domestic workers related to their employees
• Sole proprietors (except roofers)

California has one of the most comprehensive workers’ comp coverage. Moreover, immigration status does not affect the rights of injured workers to temporary wage replacement benefits; even green card holders and undocumented workers are eligible to receive the compensation.

What is Not Covered by Workers Comp Insurance in California?

Some exclusions apply – as with any policy. Workers’ compensation will not usually provide coverage for these incidents:

• Self-inflicted injuries and illnesses;
• Stress and other psychiatric injuries;
• Diseases or injuries sustained under the influence of alcohol or drugs;
• Illnesses or injuries sustained during committing a crime or violating company policies;
• Illnesses or injuries sustained outside of working hours (while commuting to and from work).

How Much is Workers’ Compensation Insurance in California?

The cost of insurance depends on several factors:

• Your annual payroll,
• Industry,
• The type of work done by your employees,
• Safety records,
• Claims history.

A physically demanding job usually results in higher premiums – so does a history of workplace accidents. This coverage is unique since the cost tends to decrease during the time due to overall workplace safety increases.

What are the Penalties for Not Having Workers’ Compensation Insurance?

California workers comp laws are pretty specific, so a business owner must have a workers comp policy in place (under the California Labor Code § 3700). Failure to carry worker’s compensation is a criminal offense, and those companies are deemed “uninsured.”

Note: If a worker is injured and the employer did not have workers’ comp, the employer could get a penalty of $10,000 per employee by the time of injury as long as the case is compensable, or $2,000 per employee at the moment of injury if that specific case was found to be non-compensable. The maximum penalty is $100,000.

What is the Statute of Limitations in Workers’ Compensation?

Injured workers have one full year (12 months ) to file a workers’ comp claim. This goes from the injury’s date- from when you knew or ‘should have’ known about it. Moreover, if you do not qualify for workers’ comp and are suing for compensation, in most cases, you have a two-year statute of limitations.

Do I Need Workers’ Compensation if I’m Self-Employed?

Self-employed workers usually do not need workers’ comp coverage unless they are a roofer or some other dangerous work line. So, sole proprietors, freelancers, and others do not have to buy workers’ comp. However, self-employed people may purchase their own insurance to cover themselves.

Regardless, if you are self-employed, it is smart to check with the California Department of Industrial Relations to define your rights and liabilities to ensure that you are adequately insured.

Is Workers’ Comp the Same as State Disability?

Well, no. State disability insurance is designed to cover injuries that are not work-related. In contrast, workers’ comp covers only work-related illnesses and injuries. State disability is handled by the Employment Development Department (EDD). SDI (State Disability Insurance) is immediately deducted from the employee’s paycheck.

Does Workers’ Compensation Cover Employees Who Contract COVID-19?

It typically depends on where an employee contracted COVID-19. Insurance protects employees from on-the-job injuries and illnesses. If an employee contracts the coronavirus while working, then this policy should provide coverage.