Workers' Compensation ยท California

How workers' comp works in California.

California requires coverage from your first employee, uses its own job classifications, and sets strict deadlines when someone gets hurt. Here’s what’s different for employers here.

Quick answer: California requires every employer with even one employee to carry workers’ compensation. Premiums are based on payroll and California-specific job classifications. For policies starting on or after September 1, 2026, the state’s advisory benchmark rates average $1.65 per $100 of payroll, up 10.4%, and each insurer sets its own final rates.

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California Rules

What's different about workers' comp in California

Required from employee one

Full-time or part-time, one employee triggers the requirement. Penalties include stop-work orders, fines, and liability for an injured worker’s costs.

California's own class codes

California uses job classifications set by its own rating bureau, the WCIRB, and some construction trades are split into separate rates by employee wage level.

Strict deadlines after an injury

Employers must give an injured employee a claim form within one working day of learning about the injury and report it to the insurer within five days.

Key Rules & Numbers

California workers' comp at a glance

TopicCalifornia ruleWhat to know
Who must carry itAny employer with one or more employeesPart-time employees and family members on payroll count.
Advisory benchmark rate$1.65 per $100 of payrollFor policies starting September 1, 2026, up 10.4%. Insurers set their own rates from this baseline.
Experience mod eligibilitySet yearly by the WCIRBRecently about $10,200 in annual premium. Smaller policies are rated without a mod.
Serious injury reportingWithin 8 hours to Cal/OSHAApplies to serious injuries, illnesses, and deaths on the job.

Find Your City

Each city page covers local business types and the workers’ comp questions employers there ask us most.

Oceanside
San Diego County
Carlsbad
San Diego County
San Marcos
San Diego County
Vista
San Diego County
San Diego
San Diego County
Los Angeles
LA County
Riverside
Riverside County
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Santa Barbara
Santa Barbara County
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Common Questions

What California employers ask us about workers' comp.

Is workers' comp required in California with only one employee?

Yes. California requires every employer to carry workers’ compensation, even with a single part-time employee. Going without can bring stop-work orders, fines, and personal liability for an injured worker’s medical bills and lost wages.

How are workers' comp rates set in California?

The WCIRB recommends benchmark rates by job classification, and the Insurance Commissioner approves them as advisory. For September 1, 2026, those benchmarks average $1.65 per $100 of payroll, up 10.4%. Each insurer then files its own rates, so prices vary.

How does California decide if a worker is an employee or an independent contractor?

California generally uses the ABC test from AB 5. A worker is presumed to be an employee unless the business shows all three: the worker isn’t under its control, the work is outside its usual course of business, and the worker runs an independent business of their own. Misclassified workers can be owed workers’ comp benefits.

Can California business owners exclude themselves from workers' comp?

Some can. Certain corporate officers, directors, and LLC managing members can opt out if they meet ownership and health coverage requirements and sign a waiver. Sole proprietors without employees generally aren’t required to cover themselves.

What should a California employer do when an employee gets hurt?

Get them medical care, give them a DWC-1 claim form within one working day of learning about the injury, and report the claim to your insurer within five days. Serious injuries must also be reported to Cal/OSHA within eight hours.

Reviewed by Anthony Howe, Licensed Insurance Agent
NPN #20649362 ยท Rock Meadow Insurance Services ยท Last updated

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