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When California requires workers’ compensation

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In California, workers' compensation is required from the first employee, even part-time. Family members, part-timers and most casual help count. Many licensed contractors must also file proof of coverage with the Contractors State License Board, in some classifications even before they hire. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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California rules with sources
TopicThe rule in CaliforniaSource
Who must carry itEvery employer with one or more employees must carry workers' compensation under Labor Code section 3700; one part-time employee is enough.Cal. Labor Code § 3700, § 3700.5, § 3710.1, § 3722; California Department of Industrial Relations — Division of Workers' Compensation: employer FAQ
Who counts as an employeeFamily members, part-timers and most casual help count. Many licensed contractors must also file proof of coverage with the Contractors State License Board, in some classifications even before they hire.California Department of Industrial Relations — Division of Workers' Compensation: employer FAQ
Owners, officers and LLC membersA sole proprietor with no employees is exempt. Corporate officers, directors and LLC managing members who own the business can waive coverage on a signed form when they meet the ownership tests.Cal. Labor Code § 3700, § 3700.5, § 3710.1, § 3722
If you go withoutOperating without coverage is a misdemeanor; the Labor Commissioner issues stop orders and penalties, and an injured worker can sue the employer directly.California Department of Industrial Relations — Division of Workers' Compensation: employer FAQ
Licensed contractorsContractors licensed by the CSLB must carry workers' compensation or file a certificate of exemption; concrete, HVAC, asbestos and tree-service classifications must carry it even with no employees, and the exemption disappears for every classification on January 1, 2028.Cal. Bus. & Prof. Code § 7125; CSLB — Workers' Compensation

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in California

Every employer with one or more employees must carry workers' compensation under Labor Code section 3700; one part-time employee is enough.

Who counts as an employee

Family members, part-timers and most casual help count. Many licensed contractors must also file proof of coverage with the Contractors State License Board, in some classifications even before they hire. The label on the paycheck does not settle it: California applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

A sole proprietor with no employees is exempt. Corporate officers, directors and LLC managing members who own the business can waive coverage on a signed form when they meet the ownership tests. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

Operating without coverage is a misdemeanor; the Labor Commissioner issues stop orders and penalties, and an injured worker can sue the employer directly. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in California. When does the policy have to be in place?

Before the first shift if the threshold is met. California requires coverage from the first employee, even part-time, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in California?

The form you file does not decide it. California applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in California?

A sole proprietor with no employees is exempt. Corporate officers, directors and LLC managing members who own the business can waive coverage on a signed form when they meet the ownership tests. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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