Insurance & LiensQuestion 109 of 1605

A corporate officer of a corporation may be excluded from workers' compensation coverage if:

a.The corporation has fewer than 5 employees
b.The officer's salary exceeds $100,000 per year
c.The officer is also the sole shareholder
d.The officer properly elects exclusion in writing and files the required form

Explanation

Corporate officers may elect to exclude themselves from workers' comp coverage by completing the required exclusion form (Labor Code §3352); the election must be made in writing and kept on file. Keep this separate from the CSLB rule that a licensed contractor must CARRY a workers'-comp policy (B&P §7125): SB 216 is phasing that must-carry mandate in to all license classifications by 1/1/2028 (extended by SB 1455), but an officer's ability to waive coverage for THEMSELVES under §3352 is unchanged — the two are different questions.

Law Reference: Labor Code §3351

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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