Insurance & LiensQuestion 1507 of 1632

Which best describes who must carry workers' compensation insurance?

a.Only contractors performing public works
b.Every employer that has one or more workers
c.Only contractors with five or more workers
d.Only contractors whose workers are unionized

Explanation

Labor Code §3700 requires every employer except the state to secure the payment of compensation, either by insuring with a carrier authorized to write it in California or by obtaining a certificate of consent to self-insure from the Director of Industrial Relations; one employee is enough, and there is no small-employer exception. For licensed contractors the license law adds to that: B&P §7125 requires a current certificate of workers' compensation insurance or of self-insurance on file, and even a licensee with no employees must carry it if it holds a C-8, C-20, C-22, C-39 or D-49 classification. From January 1, 2028 (SB 216, as postponed by SB 1455 (Stats. 2024, ch. 485)) every licensee must, except a joint venture licensed under §7029 that employs nobody. (c) is a threshold some other states use and California does not. (a) and (d) invent categories the statute has never drawn.

Law Reference: Lab. Code §3700 / B&P Code §7125 (as amended by SB 1455, Stats. 2024, ch. 485)

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