Guide

Workers Compensation Insurance (California)

A guide to workers compensation insurance (california): what it covers, what it excludes, what actually goes wrong, what reduces it, and what an underwriter asks. Every statement cites a published source.

Under reviewReviewed August 31, 20269 sourcesReviewer: Brian Bollinger

Overview

What this line is, and who or what it is designed to protect.

California employers are required by statute to secure the payment of workers compensation. Labor Code section 3700 provides that every employer except the state shall secure the payment of compensation in one or more of the ways the section lists: being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in California; securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer or as one employer in a group, upon proof satisfactory to the Director of ability to self-insure and to pay any compensation that may become due; or, for counties, cities, municipal corporations, public districts, public agencies and other political subdivisions, securing a certificate of consent to self-insure against workers compensation claims [1]. The Division of Workers' Compensation states that all California employers must provide workers compensation benefits to their employees under California Labor Code section 3700 [7]. The benefits themselves are set by statute rather than negotiated in the policy. CDI identifies five basic types of workers compensation benefits: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits [5]. CDI describes employers liability insurance as offered under Part Two of a workers compensation and employers liability insurance policy, and states that Part Two protects the employer against instances in which an employee's injury or disease is not subject to the workers compensation laws [5]. This page is general information about how the California system is structured, drawn from the statutes and regulator publications cited. It is not legal advice, it is not a coverage determination, and it does not decide whether any particular worker, owner, officer, contractor or business is covered, exempt, or in compliance. No workers compensation policy form is cited on this page, so nothing here describes what a specific carrier's form says; read the policy and endorsements actually issued, and take compliance and eligibility questions to DIR, to the carrier, and where they are legal questions, to a lawyer.

  • Employees, through the five basic types of benefits CDI identifies in the California system: medical care, temporary disability, permanent disability, supplemental job displacement benefits, and death benefits [5]

  • The employer, by satisfying the Labor Code section 3700 obligation to secure the payment of compensation, which is what avoids the uninsured-employer exposure DIR describes [1][7]

  • The employer against employee injury or disease claims that are not subject to the workers compensation laws, through Part Two employers liability coverage as CDI describes it [5]

  • Dependents of a deceased worker, through death benefits [5]

  • The employer against a gap the general liability policy leaves, since Coverage A of CG 00 01 04 13 excludes both obligations under workers compensation and similar laws and employers liability [9]

Link to this section

Evidence

Source ledger

Every numbered marker in this guide resolves to a record below. Each record lists the exact claims it supports, and each claim has its own address.

Source ledger

9 sources. Every citation number above resolves to a record below. Nothing here sits behind an account.

  1. [1]
    California Labor Code Section 3700(opens the original record on California Legislative Information (California Legislature))
    California Legislative Information (California Legislature)Primary lawPrimaryJurisdiction CALast checked August 31, 2026Updates: Amended by the Legislature; check leginfo for the current version before relying on it.ID ca-labor-code-3700
    What this source supports (5)
    • Labor Code section 3700 provides that every employer except the state shall secure the payment of compensation in one or more of the ways the section lists.
    • One listed method is being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in California.
    • Another listed method is securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers, upon proof satisfactory to the Director of ability to self-insure and to pay any compensation that may become due.
    • A third listed method applies to counties, cities, municipal corporations, public districts, public agencies and other political subdivisions of the state, which may secure a certificate of consent to self-insure against workers compensation claims from the Director of Industrial Relations.
    • The section states that for purposes of the section, state includes the superior courts.

    Published: 2003-01-01 Effective: 2003-01-01

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  2. [2]
    California Insurance Code Section 11734(opens the original record on California Legislative Information (California Legislature))
    California Legislative Information (California Legislature)Primary lawPrimaryJurisdiction CALast checked August 31, 2026Updates: Amended by the Legislature; verify current text at leginfo.ID ca-ins-code-11734
    What this source supports (3)
    • Insurance Code section 11734(a) provides that every workers compensation insurer shall adhere to a uniform experience rating plan filed with the commissioner by a rating organization designated by the commissioner and subject to the commissioner's disapproval.
    • Subdivision (b) provides for the commissioner to designate a rating organization to gather statistical information and develop a classification system, permits an insurer to use its own classification system if it is filed with the commissioner 30 days prior to use and the commissioner approves it, and requires insurers to report experience to the designated rating organization under the uniform statistical reporting plan.
    • Subdivision (c) provides that the designated rating organization shall develop and file manual rules, subject to the approval of the commissioner, reasonably related to the recording and reporting of data pursuant to the uniform statistical plan, uniform experience rating plan, and any classification systems in effect.

    Published: 2003-01-01 Effective: 2003-01-01

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  3. [3]
    California Insurance Code Section 11735(opens the original record on California Legislative Information (California Legislature))
    California Legislative Information (California Legislature)Primary lawPrimaryJurisdiction CALast checked August 31, 2026Updates: Amended by the Legislature; verify current text at leginfo.ID ca-ins-code-11735
    What this source supports (3)
    • Insurance Code section 11735(a) provides that every insurer shall file with the commissioner all rates and supplementary rate information that are to be used in this state, and requires the filing to be made not later than 30 days prior to the effective date.
    • Filings of rates, supplementary rate information and supporting information are open to public inspection at any reasonable time as soon as filed.
    • Subdivision (e) addresses deductible offerings and provides that a filing of supplementary rate information for a deductible is deemed complete only if it contains stated items, including a copy of the deductible endorsement that is to be attached to the policy and endorsement language addressing the injured worker's entitlement to benefits regardless of the deductible.

    Published: 2003-01-01 Effective: 2003-01-01

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  4. [4]
    California Insurance Code Section 11770 (State Compensation Insurance Fund)(opens the original record on California Legislative Information (California Legislature))
    California Legislative Information (California Legislature)Primary lawPrimaryJurisdiction CALast checked August 31, 2026Updates: Amended by the Legislature; verify current text at leginfo.ID ca-ins-code-11770
    What this source supports (2)
    • Insurance Code section 11770(a) provides that the State Compensation Insurance Fund is continued in existence, to be administered by its board of directors, for the purpose of transacting workers compensation insurance.
    • The stated statutory purposes also include insurance against the expense of defending any suit for serious and willful misconduct against an employer or the employer's agent, and insurance to employees and other persons of the compensation fixed by the workers compensation laws for employees and their dependents.

    Published: 2012-06-27 Effective: 2012-06-27

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  5. [5]
    Workers' Compensation (Commercial Insurance Guide series)(opens the original record on California Department of Insurance)
    California Department of InsuranceRegulatorPrimaryJurisdiction CALast checked August 31, 2026Updates: Updated periodically by CDI; the page carries its own revision date, so re-check it before each content review cycle.ID cdi-wc-commercial-guide
    What this source supports (22)
    • CDI states that all California employers must provide workers compensation benefits to their employees under California Labor Code Section 3700.
    • CDI states that there are five basic types of workers compensation benefits: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits.
    • CDI states that employers' liability insurance is offered under Part Two of a workers' compensation and employers' liability insurance policy, and that Part Two protects the employer against instances in which an employee's injury or disease is not subject to the workers' compensation laws.
    • CDI states that classifications that group distinct and identifiable occupations, industries, or businesses are developed and assigned codes by the Workers' Compensation Insurance Rating Bureau of California (WCIRB) and are approved by the Insurance Commissioner.
    • CDI states that the payroll for each classification is estimated and then multiplied, per each $100 of payroll, by the applicable rate.
    • CDI states that generally an experience modification of less than 100 percent reflects better-than-average experience and an experience modification of more than 100 percent reflects worse-than-average experience, and describes the modification as comparing an employer's loss history against similar-sized employers in the same industry classification.
    • CDI states that California workers compensation insurers operate under an open rating system, meaning individual companies set rates based on their ability to adequately cover losses and expenses in each industry classification.
    • CDI states that workers' compensation insurers assign a specific rate to each industry classification code and that these rates must be filed with the CDI.
    • CDI states that the final premium of a workers' compensation policy cannot be calculated until the policy term is over and the employer's payroll records have been audited.
    • CDI states that a dividend plan is a type of rating plan that allows an employer to share in the profits of its workers' compensation insurer in the form of a dividend.
    • CDI states that to become self-insured a business must obtain a certificate from the DIR's Office of Self-Insurance Plans (OSIP).
    • CDI states that State Fund is a state-operated entity that exists in order to transact workers' compensation on a non-profit basis, competes with private workers' compensation insurance companies for business, and also operates as the insurer of last resort if private companies are not willing to offer workers' compensation insurance.
    • Classifications that group distinct and identifiable occupations, industries, or business are developed and assigned codes by the Workers' Compensation Insurance Rating Bureau of California (WCIRB) and are approved by the Insurance Commissioner.
    • Workers' compensation insurers generally use these classifications when writing workers' compensation policies.
    • Insurance companies are allowed to develop and submit their own classification system to the CDI for approval, but this is uncommon due to the strict standards required to file a separate workers' compensation classification system.
    • The payroll for each classification is estimated and then multiplied, per each $100 of payroll, by the applicable rate, and the sum of the equation is referred to as the base premium.
    • The base premium continues to be modified, increased or decreased, using rating plans (usually schedule or judgment rating) and by experience modification.
    • An employer's experience modification is calculated from payroll and loss information that insurance companies are required to submit to the WCIRB on an annual basis, using a mathematical formula approved by the CDI.
    • An experience modification of less than 100 percent reflects better-than-average experience, and an experience modification of more than 100 percent reflects worse-than-average experience.
    • The WCIRB provides a policyholder ombudsman, who is available to answer questions from employers on classification, experience modification, and rating issues.
    • The final premium of a workers' compensation policy cannot be calculated until the policy term is over and the employer's payroll records have been audited.
    • Title 10, California Code of Regulations Sections 2509.40 through 2509.78 list detailed procedures for disputing experience modifications and classification assignments, including appeals to the CDI.

    Published: 2025-06-23

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  6. [6]
    Commissioner Lara takes action to maintain stable workers' compensation market amid rising costs (Release 024-2026)(opens the original record on California Department of Insurance)
    California Department of InsuranceRegulatorPrimaryJurisdiction CALast checked August 31, 2026Updates: CDI issues a pure premium rate decision at least annually; the figures change each cycle, so re-check before each content review.ID cdi-release-024-2026
    What this source supports (7)
    • The Insurance Commissioner adopted a workers' compensation insurance average advisory pure premium rate of $1.65 per $100 of payroll, a 6.6 percent increase from the 2025 approved rate.
    • The release states that the new rate will be effective on September 1, 2026.
    • The release states that the adopted rate is below the 10.4 percent requested rate increase of the Workers' Compensation Insurance Rating Bureau.
    • The release states that the adopted rate is advisory, meaning that insurance companies are not bound by it and are free to set their own rates.
    • The release states that the adopted rate is in line with the analysis and recommendation of Department of Insurance actuaries reviewing the WCIRB filing.
    • The California Insurance Commissioner adopted an average advisory workers compensation pure premium rate of $1.65 per $100 of payroll effective September 1, 2026, a 6.6 percent increase from the 2025 approved rate.
    • The Department states that the adopted rate is advisory, meaning that insurance companies are not bound by it and are free to set their own rates.

    Published: 2026-07-10 Effective: 2026-09-01

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  7. [7]
    Answers to frequently asked questions about workers' compensation for employers(opens the original record on California Department of Industrial Relations, Division of Workers' Compensation)
    California Department of Industrial Relations, Division of Workers' CompensationRegulatorPrimaryJurisdiction CALast checked August 31, 2026Updates: Updated periodically by DIR; the penalty figures are statutory and can change by amendment, so re-check before each content review.ID dir-dwc-employer-faqs
    What this source supports (11)
    • DIR states that all California employers must provide workers' compensation benefits to their employees under California Labor Code Section 3700.
    • DIR states that Section 3700.5 of the California Labor Code makes failing to have workers' compensation coverage a misdemeanor punishable by either a fine of not less than $10,000 or imprisonment in the county jail for up to one year, or both.
    • DIR states that the state issues penalties of up to $100,000 against illegally uninsured employers.
    • DIR states that a stop order can be issued prohibiting the use of employee labor until coverage is obtained, and that violation of the stop order is itself punishable by imprisonment in the county jail for up to 60 days or a fine of up to $10,000, or both.
    • DIR states that additional civil penalties can reach $10,000 per employee where there is a compensable claim, or $2,000 per employee where there is no compensable claim, up to a maximum of $100,000.
    • DIR states that State Fund is a state-operated entity that exists in order to transact workers' compensation on a non-profit basis, competes with private workers' compensation insurance companies for business, and also operates as the insurer of last resort if private companies are not willing to offer workers' compensation insurance.
    • The page states that all California employers must provide workers' compensation benefits to their employees under California Labor Code Section 3700.
    • The page states that executive officers and directors of corporations must be included in workers' compensation coverage, unless the corporation is fully owned by the directors and officers, and that if the directors and officers fully own the corporation then they may elect to be excluded from workers' compensation benefits.
    • The page states that Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by either a fine of not less than $10,000 or imprisonment in the county jail for up to one year, or both.
    • The page states that a stop order prohibits the use of employee labor until coverage is obtained, and that failure to observe it is a misdemeanor punishable by imprisonment in the county jail for up to 60 days, or by a fine of up to $10,000, or both.
    • The page states that penalties of up to $100,000 are issued against illegally uninsured employers, calculated as either twice the amount of unpaid premium or $1,500 per employee, whichever is greater.
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  8. [8]
    State Fund Facts(opens the original record on State Compensation Insurance Fund)
    State Compensation Insurance FundCarrier officialPrimaryJurisdiction CALast checked August 31, 2026Updates: Carrier-maintained page; content changes without notice.ID statefund-fact-sheet
    What this source supports (3)
    • State Compensation Insurance Fund states on its own fact sheet that it was established in 1914 by the state legislature.
    • State Fund describes itself as completely self-supporting and as maintaining an open door policy so that all employers have a strong and stable option for their workers compensation needs.
    • State Fund describes itself as the only workers' compensation provider with a commitment to providing workers' compensation insurance to all California businesses, from the smallest start-up to the largest operations. This is the carrier's own characterization of itself, not an independently verified fact.
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  9. [9]
    Commercial General Liability Coverage Form CG 00 01 04 13 (ISO)(opens the original record on Insurance Services Office, Inc. (form text); published as a downloadable coverage form specimen by Berxi (Berkshire Hathaway Specialty Insurance))
    Insurance Services Office, Inc. (form text); published as a downloadable coverage form specimen by Berxi (Berkshire Hathaway Specialty Insurance)Standards bodyPrimaryJurisdiction USLast checked August 31, 2026Updates: ISO revises the CGL coverage form periodically; edition dates and state-specific variants differ, and carriers may use their own non-ISO forms.ID iso-cg-00-01-04-13
    What this source supports (37)
    • In CG 00 01 04 13, the Coverage A insuring agreement states that the insurer will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which the insurance applies, and that the insurer will have the right and duty to defend the insured against any suit seeking those damages.
    • The form states that the insurer will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which the insurance does not apply.
    • The form states that the insurer's right and duty to defend ends when it has used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C.
    • Coverage A applies to bodily injury and property damage only if the injury or damage is caused by an occurrence that takes place in the coverage territory and occurs during the policy period, subject to the form's prior-knowledge provisions.
    • The form defines occurrence as an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
    • Supplementary Payments under Coverages A and B include all expenses the insurer incurs, and the form states that these payments will not reduce the limits of insurance.
    • Section III Limits Of Insurance sets a General Aggregate Limit, a Products-Completed Operations Aggregate Limit, a Personal And Advertising Injury Limit, an Each Occurrence Limit, a Damage To Premises Rented To You Limit, and a Medical Expense Limit.
    • The General Aggregate Limit is the most the insurer will pay for the sum of medical expenses under Coverage C, damages under Coverage A other than damages included in the products-completed operations hazard, and damages under Coverage B.
    • The Products-Completed Operations Aggregate Limit is the most the insurer will pay under Coverage A for damages because of bodily injury and property damage included in the products-completed operations hazard.
    • The Each Occurrence Limit is the most the insurer will pay for the sum of damages under Coverage A and medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence.
    • The Damage To Premises Rented To You Limit, subject to the Each Occurrence Limit, is the most the insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the insured, or in the case of damage by fire, while rented to or temporarily occupied by the insured with permission of the owner.
    • The Medical Expense Limit, subject to the Each Occurrence Limit, is the most the insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person.
    • The form states that the Limits of Insurance of the Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations.
    • The Coverage A exclusions in CG 00 01 04 13 are lettered a. through q.: Expected Or Intended Injury; Contractual Liability; Liquor Liability; Workers' Compensation And Similar Laws; Employer's Liability; Pollution; Aircraft, Auto Or Watercraft; Mobile Equipment; War; Damage To Property; Damage To Your Product; Damage To Your Work; Damage To Impaired Property Or Property Not Physically Injured; Recall Of Products, Work Or Impaired Property; Personal And Advertising Injury; Electronic Data; and Recording And Distribution Of Material Or Information In Violation Of Law.
    • The Coverage A list of exclusions in this base form does not include a professional services exclusion.
    • Exclusion b. Contractual Liability removes bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement, and states that the exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement, or to liability assumed in a contract or agreement that is an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement.
    • The form defines insured contract to include a contract for a lease of premises with a stated fire-damage carve-out, a sidetrack agreement, an easement or license agreement with a stated railroad exception, an obligation required by ordinance to indemnify a municipality with a stated exception, an elevator maintenance agreement, and that part of any other contract or agreement pertaining to the insured's business under which the insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization.
    • Nothing in the Contractual Liability exclusion or its insured contract exception amends Section II Who Is An Insured or confers additional insured status.
    • Coverage A exclusion a. Expected Or Intended Injury states, in the same paragraph, that the exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property.
    • The insured contract exception in exclusion b. also provides that, solely for the purposes of liability assumed in an insured contract, reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage, provided liability for that party's defense was also assumed in the same insured contract and the fees and expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which the insurance applies are alleged.
    • Coverage A exclusion c. Liquor Liability removes bodily injury or property damage for which any insured may be held liable by reason of causing or contributing to the intoxication of any person, the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol, or any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
    • The Liquor Liability exclusion states that it applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, or in providing or failing to provide transportation with respect to any person that may be under the influence of alcohol, if the occurrence involved one of the three listed grounds.
    • The Liquor Liability exclusion closes with a limiting clause stating that the exclusion applies only if the named insured is in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages, and that permitting a person to bring alcoholic beverages on the named insured's premises for consumption on those premises, whether or not a fee is charged or a license is required for that activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages.
    • Coverage A exclusion e. Employer's Liability reaches bodily injury to an employee of the insured arising out of and in the course of employment by the insured or of performing duties related to the conduct of the insured's business, and to that employee's spouse, child, parent, brother or sister as a consequence, and applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else. The form then states that the exclusion does not apply to liability assumed by the insured under an insured contract.
    • Coverage A exclusion f. Pollution excludes bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at or from premises the insured owns, occupies, rents or borrows, and at or from premises where the insured or its contractors are performing operations if the pollutants are brought on in connection with those operations, subject to stated subparagraph exceptions.
    • One stated exception to the pollution exclusion is bodily injury sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment used to heat, cool or dehumidify the building.
    • Exclusion f.(2) also excludes loss, cost or expense arising out of a request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants, or a claim or suit by or on behalf of a governmental authority for such damages.
    • Exclusion f.(2) closes with a stated exception providing that the paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or of such claim or suit by or on behalf of a governmental authority.
    • Coverage A exclusion k. Damage To Your Product removes property damage to the insured's product arising out of it or any part of it, and carries no stated exception in this form.
    • Coverage A exclusion l. Damage To Your Work removes property damage to the insured's work arising out of it or any part of it and included in the products-completed operations hazard, and states that the exclusion does not apply if the damaged work, or the work out of which the damage arises, was performed on the named insured's behalf by a subcontractor.
    • Coverage A exclusion m. Damage To Impaired Property Or Property Not Physically Injured removes property damage to impaired property or to property that has not been physically injured arising out of a defect, deficiency, inadequacy or dangerous condition in the insured's product or work, or out of a delay or failure by the insured or anyone acting on its behalf to perform a contract or agreement in accordance with its terms, and states that the exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to the insured's product or work after it has been put to its intended use.
    • Coverage A exclusion n. Recall Of Products, Work Or Impaired Property removes damages claimed for any loss, cost or expense incurred by the insured or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of the insured's product, work or impaired property, and applies only if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.
    • Coverage A exclusion p. Electronic Data removes damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate electronic data, and states in the same paragraph that the exclusion does not apply to liability for damages because of bodily injury.
    • Coverage A exclusion i. War excludes bodily injury or property damage arising directly or indirectly out of war including undeclared or civil war, warlike action by a military force, and insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these.
    • Coverage A exclusion q. excludes bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate the Telephone Consumer Protection Act, the CAN-SPAM Act of 2003, the Fair Credit Reporting Act including the Fair and Accurate Credit Transactions Act amendment, or any other similar statute, ordinance or regulation.
    • Section III Limits Of Insurance in this base form sets limits only and contains no liability deductible provision.
    • Coverage B is Personal And Advertising Injury Liability, has its own limit of insurance and its own exclusions including a pollution exclusion, and Coverage C is Medical Payments, whose payments are made regardless of fault and cannot exceed the applicable limit of insurance.

    Published: 2013-04

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