  
Workers' compensation is the oldest social insurance program; it was adopted in most states, including California, during the second decade of the 20th century. It is a no-fault system, meaning that injured employees need not prove the injury was someone else's fault in order to receive workers' compensation benefits for an on-the-job injury.
There are six basic types of workers' compensation benefits available, depending on the nature, date and severity of the worker's injury:
1. medical care,
all medical care reasonably required to cure or relieve the effects of the injury
2. temporary disability benefits,
two-thirds of the lost wages, up to a maximum of $728 per week.
3. permanent disability benefits, rating schedule up to $728 per week -- for life
4. vocational rehabilitation services, &
5. supplemental job displacement benefits, and
education-related retraining or skill enhancement, up to $10,000
6. death benefits.
Up to $160,000 (DWC Website)
Get Life Insurance Quotes no matter where or how G-d forbid you leave us
FAQ's
FAQ's
FAQ for Employers
FAQ'sor Injured workers
(Department of Industrial Relations )
Technical Links
FAQ's on Workers Comp.
19 pages Quotit
Do Individual Health Insurance Plans cover on the Job Injuries?
Yes, if, Let's take a look at two typical exclusions for Worker's Compensation
- Amounts in excess of customary and reasonable charges for care rendered by a non-participating provider without a referral from your PMG or IPA.
Conditions covered by workers compensation or similar law.
Experimental or investigative services.
Services provided by a local, state, federal or foreign government, unless you have to pay for them. Blue Cross HMO Brochure
- Blue Shield does not provide benefits for services or procedures that are:
22. for or incident to any injury or disease arising out of, or in the course of, any employment for salary, wage, or profit if such injury or disease is covered by any workers? compensation law, occupational disease law, or similar legislation.
However, if Blue Shield provides payment for such services, it will be entitled to establish a lien upon such other benefits up to the reasonable cash value of benefits provided by Blue Shield for the treatment of the injury or disease as reflected by the providers usual billed charges; Page 15 www.blueshieldca.com
So, if you're self employed or a Corporate Officer and are NOT required to have Workers Compensation, nor can you probably get it. You would be COVERED by virtually ALL Individual Medical Plans.
Group Medical Plans will typically make you sign off that you are excluded under the Worker's Compensation Laws.
Blue Cross Employer Medical Application Section 12
CA Labor Code §3351*******************
Can you ever go without workers’ compensation insurance
The short answer is NO.
Sole business owners are not required to have coverage but may get it for themselves alone, if an insurer is willing to provide it. Business partners or corporate officers must be covered in some cases. Source - CA Employers Guide to Worker's Comp. Page 13
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What is an Independent or sub Contractor?
CA EDD - DE 38
This worksheet is to be used by the proprietor of a business to determine whether a worker is most likely an employee or an independent contractor. 7 Pages
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What happens if you're Self Employed and you're asked to provide a Certificate of Worker's Compensation?
Contractors that are sole proprietorships must submit a signed affidavit that they are not required under state law to have workers' compensation insurance. Source
Sample Worker's Compensation Waiver Form San Diego City Attorney
Sample Waiver Form Contractors Board
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Q. My spouse and I are the sole owners of our business. We have no employees. Are we required to obtain workers' compensation coverage?
A. Generally, if you are the sole owners of the business, coverage for yourselves, is optional if you wish to pursue it. You would need to have workers' compensation coverage for any employees you may hire. You should consult with your attorney, insurance agent or broker, or carrier regarding the specifics of you situation and your options.
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Must Corporate Officer's be covered?
California Labor Code Section 3351, partners and corporate officers, or members of boards of directors are employees for Workers’ Compensation purposes except under limited circumstances.
In order for individuals holding the above-mentioned positions to fall outside the Workers’ Compensation laws, they must be shareholders of the corporation, and all stock of the corporation must be held by persons who are either officers or members of the board of directors of the corporation.
Blue Cross Employer Application Question # 12
Employer Links
Department of Industrial Relations - Worker's Comp Division - Employer Info.
Forms
Employers Report of Injury 5020
Links to view other Employer Mandated Benefits
California Department of Worker's Compensation
Wikipedia on Worker's Comp.
Workers Comp & ADA Americans with Disabilities Act
LA District Attorney Worker's Comp. Fraud
Employee Links
Guidebook for Injured Workers
DIR Injured Employee Workshops
Fact sheets and instructions for injured workers
Basic information for employees
Attorney Referrals
What to bring and discuss for the Injured Worker
Employee Claim Form
Glossary of workers' compensation terms for injured workers or Fact Sheet B
Worker's Comp.com
Get your own Private Disability Insurance
Longshore & Harbor Workers Act
Explanation on Attorney Naylor's Site
Free Advise.com on Worker's Comp.
Law Help.org
I CURRENTLY AM ON WORKER'S COMPENSATION.
CAN MY EMPLOYER MAKE ME PAY FOR MY OWN HEALTH INSURANCE WHILE I'M OFF?
Technical Links
Permanent Disability Rating Schedule
Insurance Code, excerpts
PART 3. LIABILITY, WORKERS' COMPENSATION, AND COMMON CARRIER
LIABILITY INSURANCE
CHAPTER 1. GENERAL REGULATIONS
Article 1. Reserves of Insurers ............................ 11550-11558
Article 2. Actions on Policies Containing Liability
Provisions .................................... 11580-11589.5
Article 2.5. Personal Liability Insurance Providing
Workers' Compensation Coverage for
Household Employees ........................... 11590-11593
Article 3. Capital Requirements of Reserve Basis Insurers .. 11600-11602
Article 4. Assigned Risk Plans ............................. 11620-11627
Article 5. Motor Vehicle Liability Insurance ............. 11628-11629.5
Article 5.5. California Low-Cost Automobile Insurance
Program ................................. 11629.7-11629.85
CHAPTER 2. WORKERS' COMPENSATION POLICIES
Article 1. Definitions ..................................... 11630-11631
Article 2. Policy Provisions ............................... 11650-11665
CHAPTER 3. REGULATION OF BUSINESS OF WORKERS' COMPENSATION
INSURANCE
Article 1. Deposits by Workers' Compensation Insurers ...... 11690-11703
Article 2. State Rate Supervision .......................... 11730-11742
Article 3. Rating and Other Organizations ................ 11750-11759.2
Article 4. Penalties for Misrepresentation ............... 11760-11760.1
Article 5. Standards Applicable to Claims Adjusters ............. 11761
CHAPTER 4. THE STATE COMPENSATION INSURANCE FUND
Article 1. Organization and Powers ......................... 11770-11805
Article 2. Rates ........................................... 11820-11822
Article 3. Policies ........................................ 11840-11846
Article 4. Reports and Statements ............................... 11860
Article 5. Coverage of Public Employers .................... 11870-11874
Article 6. Penalties ....................................... 11880-11881
Article 7. Transfer of Ownership ......................... 11885-11886.2
CHAPTER 5. MARKET ASSISTANCE PROGRAM FOR LONG-TERM HEALTH
CARE FACILITY LIABILITY INSURANCE ................ 11890-11892
CA Ins. Code 109. Workmen's compensation insurance includes insurance against loss from liability imposed by law upon employers to compensate employees and their dependents for injury sustained by the employees arising out of and in the course of the employment, irrespective of negligence or of the fault of either party.
Labor Code excerpts
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE
PART 1. SCOPE AND OPERATION
CHAPTER 1. GENERAL PROVISIONS ................................. 3200-3219
CHAPTER 2. EMPLOYERS, EMPLOYEES, AND DEPENDENTS
Article 1. Employers ......................................... 3300-3302
Article 2. Employees ......................................... 3350-3371
Article 3. Dependents ........................................ 3501-3503
Article 4. Employee Notice ................................... 3550-3553
CHAPTER 3. CONDITIONS OF COMPENSATION LIABILITY ............... 3600-3605
CHAPTER 4. COMPENSATION INSURANCE AND SECURITY
Article 1. Insurance and Security .......................... 3700-3709.5
Article 2. Uninsured Employers Fund .......................... 3710-3732
Article 2.5. Self-Insurers' Security Fund .................... 3740-3747
Article 3. Insurance Rights and Privileges ................... 3750-3762
Article 4. Construction Permit .................................. 3800
Article 5. Workers' Compensation Misrepresentations .......... 3820-3823
CHAPTER 5. SUBROGATION OF EMPLOYER ............................ 3850-3865
CHAPTER 7. MEDICAL EXAMINATIONS ............................... 4050-4056
Article 2. Determination of Medical Issues ................... 4060-4068
CHAPTER 8. ELECTION TO BE SUBJECT TO COMPENSATION LIABILITY ... 4150-4157
CHAPTER 9. ECONOMIC OPPORTUNITY PROGRAMS
Article 1. General Provisions ................................ 4201-4209
Article 2. Benefits .......................................... 4211-4214
Article 3. Adjustment of Claims .............................. 4226-4350
CHAPTER 10. DISASTER SERVICE WORKERS .......................... 4351-4355
CHAPTER 11. ASBESTOS WORKERS' ACCOUNT
Article 1. General Provisions ................................ 4401-4406
Article 2. Benefits .......................................... 4407-4411
Article 3. Collections ....................................... 4412-4418
PART 2. COMPUTATION OF COMPENSATION
CHAPTER 1. AVERAGE EARNINGS ................................... 4451-4459
CHAPTER 2. COMPENSATION SCHEDULES
Article 1. General Provisions ................................ 4550-4558
Article 2. Medical and Hospital Treatment .................. 4600-4614.1
Article 2.3. Medical Provider Networks ..................... 4616-4616.7
Article 2.5. Medical-Legal Expenses .......................... 4620-4628
Article 3. Disability Payments ............................... 4650-4664
Article 4. Death Benefits .................................... 4700-4709
Article 4.5. Public Official Death Benefits .................. 4720-4728
Article 5. Subsequent Injuries Payments ...................... 4751-4755
Article 6. Special Payments to Certain Persons ............... 4800-4820
Article 7. City Police and Firemen, Sheriffs, and Others ..... 4850-4856
PART 3. COMPENSATION CLAIMS
CHAPTER 1. PAYMENT AND ASSIGNMENT ........................... 4900-4909.1
CHAPTER 2. COMPROMISE AND RELEASE ............................. 5000-5006
CHAPTER 3. LUMP SUM PAYMENTS .................................. 5100-5106
PART 3.5. ARBITRATION .......................................... 5270-5278
PART 4. COMPENSATION PROCEEDINGS
CHAPTER 1. JURISDICTION ....................................... 5300-5318
CHAPTER 2. LIMITATIONS OF PROCEEDINGS ......................... 5400-5413
CHAPTER 2.3. WORKERS' COMPENSATION--TRUTH IN ADVERTISING ...... 5430-5434
CHAPTER 2.5. ADMINISTRATIVE ASSISTANCE ........................ 5450-5455
CHAPTER 3. APPLICATIONS AND ANSWERS ........................... 5500-5507
CHAPTER 4. ATTACHMENTS ........................................ 5600-5603
CHAPTER 5. HEARINGS ........................................... 5700-5710
CHAPTER 6. FINDINGS AND AWARDS ................................ 5800-5816
CHAPTER 7. RECONSIDERATION AND JUDICIAL REVIEW
Article 1. Reconsideration ................................... 5900-5911
Article 2. Judicial Review ................................... 5950-5956
Article 3. Undertaking on Stay Order ......................... 6000-6002
DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE
EMPLOYEES NOT OTHERWISE COVERED
CHAPTER 1. GENERAL PROVISIONS .................................. 6100-6101
CHAPTER 2. DIRECT PAYMENTS ..................................... 6110-6115
CHAPTER 3. INSURANCE ........................................... 6130-6131
CHAPTER 4. BENEFITS AND PROCEDURE .............................. 6140-6149
DIVISION 4.7. RETRAINING AND REHABILITATION ..................... 6200-620
Rules - Code of Regulations
Workers' Compensation Insurance Fraud Reporting 1877-1877.5
Definitions
3300. As used in this division, "employer" means:
(a) The State and every State agency.
(b) Each county, city, district, and all public and quasi public
corporations and public agencies therein.
(c) Every person including any public service corporation, which has any natural person in service.
(d) The legal representative of any deceased employer.
Definition of Employee
Blue Cross Glossary
LABOR CODE SECTION 3350 et seq. Definition of Employee3352. "Employee" excludes the following:
(a) Any person defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child
3353. "Independent contractor" means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.
Labor Code 3600. (a) Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes death, in those cases where the following conditions of compensation concur:
(1) Where, at the time of the injury, both the employer and the employee are subject to the compensation provisions of this division.
(2) Where, at the time of the injury, the employee is performing
service growing out of and incidental to his or her employment and is
acting within the course of his or her employment.
(3) Where the injury is proximately caused by the employment,
either with or without negligence.
(4) Where the injury is not caused by the intoxication, by alcohol
or the unlawful use of a controlled substance, of the injured
employee. As used in this paragraph, "controlled substance" shall
have the same meaning as prescribed in Section 11007 of the Health
and Safety Code.
(5) Where the injury is not intentionally self-inflicted.
(6) Where the employee has not willfully and deliberately caused his or her own death.
(7) Where the injury does not arise out of an altercation in which
the injured employee is the initial physical aggressor.
(8) Where the injury is not caused
by the commission of a felony,
or a crime which is punishable as specified in subdivision (b) of
Section 17 of the Penal Code, by the injured employee, for which he
or she has been convicted.
(9) Where the injury does not arise out of voluntary participation
in any off-duty recreational, social, or athletic activity not
constituting part of the employee's work-related duties, except where
these activities are a reasonable expectancy of, or are expressly or
impliedly required by, the employment. The administrative director
shall promulgate reasonable rules and regulations requiring employers
to post and keep posted in a conspicuous place or places a notice
advising employees of the provisions of this subdivision. Failure of
the employer to post the notice shall not constitute an expression
of intent to waive the provisions of this subdivision.
(10) Except for psychiatric injuries governed by subdivision (e)
of Section 3208.3, where the claim for compensation is filed after
notice of termination or layoff, including voluntary layoff, and the
claim is for an injury occurring prior to the time of notice of
termination or layoff, no compensation shall be paid unless the
employee demonstrates by a preponderance of the evidence that one or
more of the following conditions apply:
(A) The employer has notice of the injury, as provided under
Chapter 2 (commencing with Section 5400), prior to the notice of
termination or layoff.
(B) The employee's medical records, existing prior to the notice
of termination or layoff, contain evidence of the injury.
(C) The date of injury, as specified in Section 5411, is
subsequent to the date of the notice of termination or layoff, but
prior to the effective date of the termination or layoff.
(D) The date of injury,
as specified in Section 5412, is
subsequent to the date of the notice of termination or layoff.
For purposes of this paragraph, an employee provided notice
pursuant to Sections 44948.5, 44949, 44951, 44955, 44955.6, 72411,
87740, and 87743 of the Education Code shall be considered to have
been provided a notice of termination or layoff only upon a district'
s final decision not to reemploy that person.
A notice of termination or layoff that is not followed within 60
days by that termination or layoff shall not be subject to the
provisions of this paragraph, and this paragraph shall not apply
until receipt of a later notice of termination or layoff. The
issuance of frequent notices of termination or layoff to an employee
shall be considered a bad faith personnel action and shall make this
paragraph inapplicable to the employee.
(b) Where an employee, or his or her dependents, receives the
compensation provided by this division and secures a judgment for, or
settlement of, civil damages pursuant to those specific exemptions
to the employee's exclusive remedy set forth in subdivision (b) of
Section 3602 and Section 4558, the compensation paid under this
division shall be credited against the judgment or settlement, and
the employer shall be relieved from the obligation to pay further
compensation to, or on behalf of, the employee or his or her
dependents up to the net amount of the judgment or settlement
received by the employee or his or her heirs, or that portion of the
judgment as has been satisfied.
109. Workmen's compensation insurance includes insurance against loss from
liability imposed by law upon employers to compensate
employees and their dependents for injury sustained by the employees arising
out of and in the course of the employment, irrespective of negligence
or of the fault of either party.
              
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