What is workers' compensation insurance?
Short answer
Workers compensation insurance pays medical costs and wage replacement for employees injured on the job, regardless of who was at fault. California requires it for virtually every employer, and it also provides employer's liability coverage for related lawsuits.
What workers compensation covers
- Medical treatment for work-related injuries and illnesses
- Wage replacement during recovery
- Disability and death benefits
- Employer's liability for related third-party lawsuits
- Return-to-work and vocational services, where included
Who needs it in California
California requires workers compensation for virtually every employer with employees, including part-time and family employees in most cases. Sole proprietors and some officers can exclude themselves, but they should confirm the rules before relying on that exclusion.
How premium is calculated
Premium is based on payroll by job classification, multiplied by a rate set for that class, then adjusted for experience modification, claims history, and carrier credits. Carriers audit payroll at the end of the term and adjust premium to the actual figure.
Common questions
- Is workers compensation the same as general liability?
- No. Workers compensation covers employee injuries regardless of fault; general liability covers third-party injury and property damage claims. Employers usually need both.
- What happens if I do not carry workers compensation?
- California penalties include fines per employee and liability for the injury itself, and the employer can lose common-law defenses in a lawsuit. It is one of the least forgiving compliance requirements for employers.
- Do independent contractors count as employees?
- Only if they are misclassified. California applies a strict test, and misclassified workers can trigger premium audits, penalties, and claims. Review classification before relying on contractor status.
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Professional Resource Insurance Agency, LLC. CA License #0G81238. Definitions are general information, not coverage advice for a specific policy.