answersLogoWhite

0


Best Answer

Yes, California law requires employers to have workers' compensation insurance if they have even one employee.

If you are a roofer and don't have any employees, you are still required to carry workers' compensation insurance. If you are a real estate broker you are required to carry workers' compensation insurance for your agents, even if they are independent contractors.

Out-of-state employers may need workers' compensation coverage if an employee is regularly employed in California or a contract of employment is entered into here.

D. Edwards

TECHNICALLY THIS IS NOT TRUE!!

The Definition of "Employer" for the purpose of workers Compensation found at 3300 of the Labor code is strictly limited to State agencies, and public corporations:

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.

(C) is the tricky one. The fact that there is no comma before "including" makes

this a restrictive clause.

Look at the other sections of the CA labor code and you will ALWAYS see a comma

before "including":

Cal Labor Code 1404

A person, including a local government or an employee representative, seeking to establish liability against an employer may bring a civil action on behalf of the person, other persons similarly situated, or both, in any court of competent jurisdiction. The court may award reasonable attorney's fees as part of costs to any plaintiff who prevails in a civil action brought under this chapter.

Cal Labor Code 350(b)

(b) "Employee" means every person, including aliens and minors, rendering actual service in any business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.

Cal Labor Code 1160.6

…Upon the filing of any such petition, the board shall cause notice thereof to be served upon any person involved in the charge and such person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony.

Cal Labor Code 4907

The privilege of any person, including attorneys admitted to practice in the Supreme Court of the state to appear in any proceeding as a representative of any party before the appeals board, or any of its referees, may, after a hearing, be removed, denied, or suspended by the appeals board for a violation of this chapter or for other good cause.

Cal Labor Code 1701

(b) "Audition" means any activity for the purpose of obtaining employment, compensated or not, as an artist whereby an artist meets with, interviews or performs before, or displays his or her talent before, any person, including a producer, a director, or a casting director, or an associate, representative, or designee of a producer, director, or casting director, who has, or is represented to have, input into the decision to select an artist for an employment opportunity. An "audition" may be in-person or through electronic means, live or recorded, and may include a performance or other display of the artist's promotional materials.

Cal Labor Code 1704

A person, including, an owner, officer, director, agent, or employee of a talent service, who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. However, payment of restitution to an artist shall take precedence over the payment of a fine. The purpose of this trick is that The State Cannot force a private employer into

obtaining an insurance program.

See what the State Style manual, A dictionary of Modern Legal Usage, and

many college style manuals have to say about commas:

Dict of Modern Legal Usage 766

"Restrictive clauses are essential to the grammatical and logical completeness of a sentence.

Nonrestrictive clauses, by contrast, are so loosely connected with the essential meaning of the sentence that they

might be omitted without changing the essential meaning.

King County Style Manual

"Including, such as. Use these terms when the items that follow are only part of the total; don't list everything or end the list with words like and more, and others, etc.

If the words that follow these terms are essential to the meaning of a sentence,

do not put commas before the phrase. But if the words that follow these terms are not essential, commas are appropriate. (Words are nonessential if they can be removed without changing the meaning of the sentence.)"

First, if you cannot omit the clause without changing the basic meaning, the clause is restrictive; use that without a comma. Second, if you can omit the clause without changing the basic meaning, the clause is non restrictive; use which after a comma."

Lastly:

Michigan State University Editorial Style Guide" states:

"Whether to use a comma before "including" depends on the intended meaning of the sentence. The presence of a comma makes the sentence nonrestrictive:

[example given] He managed a variety of projects, including joint, combined, and contingency exercises. (Projects may include joint, combined, or contingency exercises or some combination of the three.)

The absence of a comma makes the sentence restrictive:

[example given] He managed a variety of projects including joint, combined, and contingency exercises. (Every project must include joint, combined, and contingency exercises.)

User Avatar

Wiki User

โˆ™ 2010-05-05 01:04:23
This answer is:
User Avatar
Study guides

Nutrition

22 cards

If you were laid off and apply for insurance coverage on your wife's group policy do you have to answer a medical questionnaire

How many grams of cholesterol should you eat each day to maintain a healthy diet

What would cause a fluttering inside the ear canal

Why is beef fat a solid at room temperature

โžก๏ธ
See all cards
4.8
โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…
5 Reviews

Add your answer:

Earn +20 pts
Q: Is workmans compensation insurance required in the state of California?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Who is required to carry workmans compensation in Illinois?

In the state of Illinois, the employer is required to carry workman's compensation.


How can i add a person to work with me in a Contract Inspection business without being held responsible for workmans compensation insurance in California?

California requires WC for all employees of all employers.


What type of workmans com insurance does a carpenter in north carolina need?

Workers compensation insurance is nothing more than "workers compensation insurance". Your question is similar to asking what type of auto liability insurance does a person who drives a car need. There is not "type of workmans com" insurance. Just ask your local insurance agent to help you obtain workers compensation insurance and he will give you a quote.


In NJ what is the Workmans Compensation insurance statute of limitations for treatment of a workplace injury?

2 years


What are the rights and responsibilities of having a workmans comp insurance?

Workmans Compensation Insurance is a good way to get insurance coverage without emptying out your wallet. You can find more information about the rules and responsibilities and other information on this website: www.workmanscompinsurance.net/faq.html


Where do you get an exemption form for workmans comp in Florida?

i understand that in fl i am not required to carry workmans compensation for my tree service when i only have 2 part time employees


What type of insurance protects workers who are injured on the job?

This is usually called "Workers' Compensation Insurance", or "Workers' Comp" / "Workmans Comp" for short.


How can I Register Employers for Workmans Compensation?

No.


Who do you contact about workmans comp fraud?

The employer, the insurance company, your state board of insurance and your state's workers' compensation bureau are all good to contact about Work Comp insurance fraud.


Does a company of one person need Workmans compensation insurance?

Genrally this means that there is one owner of a business. There are no partners, investors, etc.


Do you have to repay workmans compensation if you receive a lawsuit settlement?

no


When a workmans compensation case is presented the supervisor?

When a workman's compensation case is presented, the supervisor should

People also asked