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在这一点上加州是全美最严格的：《劳动法典》§3700要求每位雇主只要有一名雇员，就必须向已获认可的保险公司购买工伤赔偿保单，或获得自保批准。没有基于人数、行业或工资规模的小型雇主豁免。

加州工伤赔偿是一种无过错、法定的唯一救济制度。受伤雇员无需证明雇主过失，作为交换，雇员通常也不能就工伤对雇主提起侵权诉讼。代价是无论过错归属，雇员均可自动获得既定给付。

第一部分——工伤赔偿支付州法所要求的法定给付，因金额取决于法规而没有上限。第二部分——雇主责任则承保不属于工伤系统的雇员相关诉讼，如双重身份、连带人身伤害、第三方追偿和配偶权益损失等。

在加州未购买工伤赔偿属于轻罪。根据《劳动法典》§3722，工业关系厅厅长可发出停工令，在投保前停止营业，并课以民事处罚（常被引用为每名雇员1500美元，外加最低罚款）。此外，雇主对任何工伤的实际费用仍负直接责任。

第二部分——雇主责任以三项独立限额销售：意外造成的人身伤害（每次事故）、疾病造成的人身伤害（保单累计）、疾病造成的人身伤害（每名雇员）。加州惯用的最低投保额为三项各100万美元，通常写作1M/1M/1M。

临时伤残在雇员康复期间替代部分损失工资。给付为平均周薪的三分之二，受法定最低与最高额限制，其上限随州平均周薪每年调整。TD并非全额工资替代，且属免税。

雇员达到最大医疗改善后，由医师依据加州《永久伤残评级表》采纳的AMA指南给出损伤评级。该评级经年龄与职业调整后得出百分比，决定永久伤残给付的周数与金额。

《劳动法典》§5401要求雇主在获悉工伤后的一个工作日内向受伤雇员提供（或亲交/邮寄）DWC-1索赔表。这一短促的期限正式启动索赔程序，并触发保险人的调查时间表。

《劳动法典》§5402(b)设立90天的推定：若在向雇主提交索赔表后90天内未予拒绝，则推定该伤害属可赔付；此项推定仅可凭在90天内以合理审慎也无法发现的证据予以推翻。（调查期间还须先行授权最高1万美元的初步医疗。）

《劳动法典》§2775将Dynamex/AB 5案的ABC测试法定化。要将工作者认定为独立承包人（从而免除工伤投保义务），雇主须同时证明三项要件：(A)不受控制与指挥；(B)所做工作不属雇主常规业务；(C)该工作者通常从事独立设立的同类行业。

《劳动法典》§3351（结合§3352）允许持股达到一定比例的公司高级职员——包括同时是高级职员的唯一股东——签署书面豁免，将自己排除在承保之外。该豁免须为书面并提交保险人。该公司其他普通雇员仍须投保。

《劳动法典》§2750.5确立强有力的推定：凡从事须持执照工作但未持执照者，被视为聘用承包商的雇员，而非独立承包人。无论双方书面如何称呼该框架工为"分包商"，总承包商的工伤保单都必须负责赔付。

X-Mod由加州工伤保险评级局（WCIRB）计算，方法是将雇主近若干年的实际赔付与同分类、同工资规模的雇主的平均预期赔付进行比较。X-Mod为1.00即平均水平；低于1.00可降低保费；高于1.00则提高保费。

工伤赔偿是对雇主的唯一救济，并不排除对无关第三方的追偿。《劳动法典》§3852允许工伤保险公司向造成伤害的第三方代位求偿，可自行起诉、加入雇员的诉讼，或对雇员所获赔偿主张留置权。

依据《劳动法典》§3716设立、由工伤赔偿处管理的无保险雇主给付信托基金是州级安全网，在非法未投保的雇主不能或不愿支付时为其支付工伤给付，然后向该未投保雇主追偿已支付的款项。

根据《劳动法典》§4658.7，达到永久部分伤残且雇主在规定期限内无法提供常规、修改或替代工作的雇员，可获得一张补充工作位移给付券（目前最高6000美元），用于加州认可学校的学费、书籍、工具、认证费及其他职业再培训费用。

Workers compensation is a no-fault system: an employee injured in the course and scope of employment receives statutory benefits regardless of who was at fault, and in exchange generally gives up the right to sue the employer. This trade-off provides prompt, predictable benefits to workers while limiting employers' liability. The concept is uniform nationwide, even though specific benefit amounts are set by each state.

Workers compensation provides defined benefits: medical treatment for the work injury, partial wage replacement during disability, rehabilitation, and death benefits to dependents. It generally does not pay for pain and suffering, which are non-economic damages available through lawsuits. Because workers comp is a no-fault statutory system, benefits are limited to these scheduled categories rather than open-ended tort damages.

Part One of the policy pays the statutory workers compensation benefits an employer owes by law. Part Two, Employers Liability, protects the employer against certain lawsuits related to workplace injuries that fall outside the exclusive-remedy workers comp system, such as third-party-over actions. Health premiums and auto liability are covered under entirely different policies.

Workers compensation is a trade: the employer accepts liability without regard to fault, and in exchange the statutory benefit becomes the employee's sole remedy against that employer. The choice describing a separate suit for pain and suffering fails because those damages are not in the benefit schedule and the tort action that would recover them is barred. Proving negligence is exactly what the injured worker no longer has to do.

Owners, partners and officers are treated differently from employees, and whether a proprietor can be brought under the policy is decided by the law of the jurisdiction, usually through an affirmative election plus a payroll figure entered for rating. Automatic coverage is the wrong idea, because the policy insures employees and an owner is not one. Employers liability answers suits brought by employees, not the owner's own injury.

The four benefit categories are medical, disability income, rehabilitation, and death or survivor benefits. Rehabilitation covers physical restoration and also vocational services such as retraining and job placement when the worker cannot go back to the old job. Disability income only replaces part of the lost wage; it does not buy schooling or placement services.

Death benefits run to the people the compensation law defines as surviving dependents, most often a spouse and minor children, together with an allowance toward burial expenses. The answer about a named beneficiary describes life insurance, where the policyowner picks who is paid; a compensation statute fixes the recipient instead. Nothing is payable to the employer for lost production.

Temporary means the impairment is expected to end, and total means the worker can perform no work while it lasts. Both are true here, so this is temporary total, the classification behind most indemnity payments. Temporary partial would describe a worker who comes back at lighter duty and lower pay while still healing, which is not what happened.

Permanent partial means a lasting impairment that still leaves the worker able to engage in gainful employment, and a scheduled award for the loss of a specific body part is the classic example. Permanent total would require that the worker be unable to return to gainful work at all. Wages holding steady does not turn the file into a rehabilitation-only claim, because the impairment itself is compensable.

Part One is a promise to pay the statutory benefits, and because the legislature fixes those benefits the insurer cannot put a ceiling on them. The limits carried in the employers liability part are separate and apply to suits, not to statutory benefits. Payroll is the basis on which premium is rated, not a cap on what an injured worker can receive.

The other states item names jurisdictions the employer might expand into; if operations start in one of them after inception, Part Three provides coverage until that state is properly added to the policy. It does not respond to a lawsuit brought by an employee, which is the job of employers liability, and it has nothing to do with where goods are shipped or where a worker happens to live.

This is a third-party-over action: the employee sues an outsider, and the outsider then turns on the employer for indemnity. Because the demand against the employer is a liability claim rather than a benefit claim, employers liability responds. Statutory benefits cover only what the compensation law owes the worker, and the manufacturer's own policy defends the manufacturer, not the employer it is suing.

Compensation premium starts with payroll divided by 100 times the class rate: 4,000 units at $2.50 is a manual premium of $10,000. The experience modification then applies, so $10,000 times 0.90 is $9,000. The $10,000 figure ignores the credit mod, $11,000 treats a 0.90 mod as a ten percent surcharge, and $3,600 leaves the class rate out of the calculation entirely.

The mod compares an employer's actual loss experience with the losses expected of a business of its size and classification, so better-than-expected results produce a factor below 1.00 and a credit, worse results a debit above it. That is why loss control and return-to-work programs pay off: they cut both claim frequency and claim cost. Payroll growth, employee benefits and length of tenure play no part in the formula.

Because payroll is only estimated when the policy is written, the insurer audits the employer's records after the term ends and computes earned premium on actual payroll by classification. The difference is billed as additional premium or returned to the employer. Treating the deposit as final is the common misconception; it is only a starting figure, and the end of a term does not by itself require a fresh application.

A monopolistic fund is the sole source of statutory coverage in its jurisdiction, so private carriers may not write that coverage there and the employer has no choice of insurer. Employers liability is generally not part of what such a fund sells, which is why a stop-gap endorsement is added to another policy to fill the gap. The employer is not excused from the benefit obligation and does not simply pay claims out of payroll.

Because compensation coverage is compulsory for covered employers, every competitive jurisdiction maintains a market of last resort that assigns hard-to-place employers to insurers or to a designated servicing carrier. Surplus lines exists for risks admitted carriers decline, but it is not the route for statutory compensation. Reinsurance protects the insurer rather than the employer, and a bank does not form a captive for its borrower.

Railroad workers sit outside the compensation systems entirely: the Federal Employers Liability Act gives them a negligence action against the railroad, so the worker must show employer fault and damages are decided as in any tort case rather than by a benefit schedule. The Jones Act plays that same fault-based role for seamen, and the Longshore Act covers maritime work on and around navigable waters.

The Longshore and Harbor Workers Compensation Act is a federal no-fault benefit system for maritime employment on navigable waters and the adjoining piers and terminals, covering loading, unloading, shipbuilding and ship repair. The Jones Act is the wrong fit because it reaches masters and crew members of a vessel, and the Defense Base Act applies to contract work performed overseas for the government.

The Defense Base Act extends the Longshore benefit system to civilian employees of United States contractors working overseas, including on military bases and on public works projects. The Jones Act reaches seamen and the Federal Employers Liability Act reaches railroad workers, so neither fits a technician on a base. A group health plan might pay medical bills but owes no indemnity or survivor benefits.

Two elements must both be satisfied: a causal connection between the work and the injury, and a connection of time, place and circumstance showing the worker was doing the job. An injury on the employer's own premises can still fail the test if it was purely personal, and an injury far off premises can pass it if the worker was on the employer's business. Neither a supplied tool nor a sudden event is required.

An occupational disease arises out of conditions characteristic of the work over time and cannot be traced to one identifiable event, which is precisely what separates it from an accidental injury such as a fall. Compensation systems cover both, so treating a work-caused lung condition as a private health problem is wrong. The classification says nothing about degree; the resulting disability could be partial or total.