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Workers' Compensation Summary - California

The California Department of Industrial Relations (DIR), Division of Workers' Compensation (DWC) monitors the administration of workers' compensation claims in the State. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in California. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the DWC, and is believed current as of July 2008.

In California, compensation benefits are adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect from January 1, 2008 to December 31, 2008, unless otherwise noted.

NOTE: Legislation was enacted during 2002 in California to reform the Workers' Compensation program, which had not seen a benefits increase since 1996. The significant changes began to take effect in 2003. See the topic CA Workers' Compensation Reform - 2002 for a comprehensive summary of the 2002 reforms.

This was followed by additional reform legislation in 2003, some of which alters provisions of the 2002 changes. See the topic CA Workers' Compensation Reform - 2003 for a comprehensive summary of the 2003 reforms.

Even more reforms were enacted in 2004. See the topic CA Workers' Compensation Reform - 2004 for a comprehensive summary of the 2004 reforms.

Type of Law and Insurance Requirements

In California, workers' compensation is compulsory, and no waivers are permitted. There is a competitive state fund. Employers may insure through private carriers or self-insurance, but not through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Agricultural workers are covered the same as all other employees.

Coverage of Domestic Employees

Covers any domestic worker--including one who cares for and supervises children--employed 52 or more hours, or who earned $100 or more, during 90 calendar days immediately preceding date of injury or last employment exposing such worker to the hazards of an occupational disease. Excludes workers employed by a parent, spouse, or child.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

For weekly payments, the minimum is $137.45, and the maximum is $916.33. The maximum period of payments is 104 weeks of payments within a five-year period counted from the date of injury.

Benefits for Permanent Total Disability (PTD)

See the topic CA Workers' Compensation Reform - 2002 for details.

Benefits for Permanent Partial Disability (PPD)

See the topic CA Workers' Compensation Reform - 2002 for details.

Disfigurement Benefits

California law provides for "No set figure, but the nature of the disfigurement shall be taken into account when determining the percentages of permanent disability".

Offset Provisions in State Laws

Section 4753--Additional compensation for subsequent injuries shall be reduced by any monetary payments from any source, except for a pension or a service-connected disability which was incurred in the U.S. armed forces.

Section 4904--Permits liens to be made against temporary total disability indemnity for any unemployment compensation disability benefits being received.

Contact Information

Division of Workers' Compensation Headquarters
455 Golden Gate Ave.
9th Floor
San Francisco, CA 94102-3660

Phone: (415) 703-4600

Internet: http://www.dir.ca.gov/dwc/

Additional Information

Workers' Compensation regulations are available online at:
http://www.dir.ca.gov/samples/search/querydwc.htm

An Employer's Guide to Workers' Compensation in California, prepared by the Division of Workers' Compensation, is available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.dir.ca.gov/DWC/erguide.pdf

Workers' Compensation in California: A Guidebook for Injured Workers was prepared for the California Commission on Health and Safety and Workers' Compensation, and gives an overview of the California workers' compensation system. It is meant to help workers with job injuries understand their basic legal rights, the steps to take to request workers' compensation benefits, and where to seek further information and help if necessary. It is available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.dir.ca.gov/CHSWC/Reports/WorkersCompGuidebook-3rdEd.pdf

Links to a number of additional Workers' Compensation related agencies can be found at the following two web pages:
http://www.dir.ca.gov/workers'_comp.html
http://www.dir.ca.gov/dwc/links.html

The Workers' Compensation Appeals Board - Policy and Procedural Manual is available online at:
http://www.dir.ca.gov/WCAB/WCAB_Policy_ProcedureManual/WCABPolicy_ProcedureIndex.html

Updated information about recently enacted workers' compensation reforms is available online from the Division of Workers' Compensation at:
http://www.dir.ca.gov/dwc/wcreformindex.html

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

See also:

CA Workers' Compensation Reform - 2002

CA Workers' Compensation Reform - 2003

CA Workers' Compensation Reform - 2004

Source

Information for this topic was drawn from the DIR DWC website at:
http://www.dir.ca.gov/dwc/
http://www.dir.ca.gov/dwc/dwc_newslines/2007/Newsline_86-07.html

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