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As a result, California employers are required by law to have workers' compensation insurance, even if they have only one employee. And, if your employees get hurt or sick because of work, you are required to pay for workers' compensation benefits.

Independent contractors are not eligible for workers' compensation coverage; employers are not required by state law to purchase coverage for independent contractors. Some employers misclassify employees as independent contractor to avoid paying payroll taxes and workers' compensation premiums for them.

Q: What Happens After 104 Weeks of Workers' Comp in California? A: The maximum amount of workers' compensation insurance coverage is 104 weeks or two years. If you are still injured or unable to work after this time, you will need to apply for temporary or permanent disability benefits through the state.

What Wages Are NOT Subject to Workers' Compensation? Employee tips and other gratuities. Employer payments to group insurance plans or pension plans, and to third-party pension trusts for the Davis-Bacon Act or a similar law (pension trust must be qualified under IRC Sections 401(a) and 501(a))

CA-5. Subject. Claim for Compensation by Widow, Widower, and/or Children.

To be exempt from workers' compensation, an applicant or licensee must submit this form to CSLB, certifying under penalty of perjury that he or she does not employ anyone in a manner that is subject to the workers' compensation laws of California. (See Business and Professions Code Section 7125.)

Q: What happens if I'm uninsured and an employee is injured? A: Failing to have workers' compensation coverage is a criminal offense. 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.

Business Owners. That's right, unless you own a roofing company, as a business owner, you are excluded from workers' compensation in the state of California.