Who needs workers’ comp in California, and who can skip it
California requires every employer to carry workers’ comp insurance or get the state’s approval to self-insure, even with one employee. The coverage pays for medical care and disability benefits when someone is hurt or gets sick because of work.
For contractors, the license adds a second rule. An active license needs one of two things on file with CSLB at all times. One is a current certificate of workers’ comp insurance, or a state self-insurance certificate, in your business name. The other is a signed exemption saying you have no employees. An inactive license needs neither while it stays inactive.
You can’t file the exemption if you employ anyone covered by California’s workers’ comp laws. You can’t file it either if your license is qualified by a Responsible Managing Employee (RME), an employee who qualifies the license for the business.
Hire your first employee, and the exemption on file is no longer valid. You need coverage in place from that person’s first day. The law makes it grounds for discipline to employ someone after filing an exemption without first filing a certificate. CSLB’s page says proof must reach its headquarters within 90 days of the hire. Still, the safe order is policy first, certificate filed, then the first day of work. This isn’t legal advice, so confirm your own situation with CSLB or a lawyer.
Five classifications can’t use the exemption at all. If your license includes any of them, you need a policy or approved self-insurance whether or not you have employees:
- C-8 Concrete.
- C-20 Warm-Air Heating, Ventilating and Air-Conditioning (HVAC).
- C-22 Asbestos Abatement.
- C-39 Roofing.
- C-61/D-49 Tree Service.
References: California Legislative Information: Labor Code section 3700 (opens in a new tab) · CSLB: Workers’ Compensation Requirements (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125 (lists the current version and the version operative January 1, 2028) (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125.4 (opens in a new tab)
What CSLB keeps on file for your license
You don’t send CSLB the certificate yourself. Only an insurer licensed to write workers’ comp in California can issue and file it, online or by mail. The insurer also reports your policy number, the dates coverage starts and lapses, and any cancellation date.
A certificate filed by mail must name CSLB as the certificate holder and show your business name exactly as it appears on your license. It also needs your license number in the Description of Operations box, plus the policy number and the policy dates. An authorized representative of the insurance agency or company has to sign it, and CSLB doesn’t accept a typed signature. CSLB sends back certificates with mistakes and processes them by the date a correct one arrives.
Renewal adds one more step, depending on how you’re set up. An exempt licensee recertifies the exemption on the renewal form or sends a certificate instead. An insured licensee lists the three workers’ comp classification codes with the highest estimated payroll on the policy. If the policy has fewer, it lists them all. CSLB shows those codes on your public license record, but it doesn’t check them.
So after every renewal or policy change, look up your own license on CSLB’s license check. It shows your workers’ comp policy information, so you can confirm the new dates were posted before an old expiry date passes. CSLB applies a renewed policy no earlier than seven days before its effective date. So look in that last week before the old policy expires.
References: CSLB: Workers’ Compensation Requirements (opens in a new tab) · CSLB: Instructions for completing a Certificate of Workers’ Compensation or Liability Insurance for CSLB (PDF, rev. 02/2025) (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125 (lists the current version and the version operative January 1, 2028) (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125.5 (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125.6 (opens in a new tab) · CSLB: Roofing contractor consumer guide (PDF) (opens in a new tab) · CSLB: Certificate of Insurance Requirements, FAQ for leasing and staffing companies, PEOs and co-insurers (PDF) (opens in a new tab)
What happens when coverage lapses
Coverage has to be continuous. If a required policy lapses, the license is suspended automatically by law, effective on the date coverage lapsed. One exception: your license may hold C-8, C-20, C-22, C-61/D-49 or, in some cases, C-39 alongside another classification. Then the law has CSLB remove that classification instead of suspending the whole license, unless a valid certificate arrives. If CSLB then finds you have employees without coverage, the license is suspended. CSLB sends a notice explaining the reason and how to reinstate. A pending suspension is posted on your license record for up to 45 days before the suspension itself is posted.
Work done while the license is suspended counts as unlicensed contracting. CSLB lifts the suspension once it processes acceptable proof of coverage. If the new certificate reaches CSLB within 90 days of its effective date, the license is reinstated back to that date. If it arrives later, CSLB backdates it only if you show, on a CSLB form, that the delay was beyond your control.
CSLB can also serve a stop order on an employer without coverage, licensed or not. It bans the use of employee labor and takes effect as soon as it is served. While the employer gets coverage in place, it must pay affected employees for lost time, up to 10 days. CSLB’s stop order guide says employee labor stays stopped until CSLB verifies proof of coverage and lifts the order. Since January 1, 2026, SB 291 sets minimum civil penalties for licensees found employing workers without coverage. CSLB won’t renew or reinstate such a license until a valid certificate is on file.
A lapse can start small: a renewal notice lost in a spam folder, an expired card on the premium payment, or a broker who left. The fix is unglamorous. Put the renewal date where the whole office sees it, with a reminder well before it.
References: CSLB: Workers’ Compensation Requirements (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125 (lists the current version and the version operative January 1, 2028) (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125.1 (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125.2 (opens in a new tab) · California Legislative Information: Business and Professions Code section 7127 (stop orders) (opens in a new tab) · CSLB: What is a Stop Order? A guide for consumers and contractors (PDF) (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125.4 (opens in a new tab) · California Legislative Information: SB 291 (2025), Contractors: workers’ compensation insurance (opens in a new tab)
The 2028 change for licensees with no employees
This date is easy to miss. The current version of Business and Professions Code section 7125 stays in effect only until January 1, 2028. The version that takes over that day drops the no-employee exemption. Apart from inactive licenses, the only exemption left is for a license held by a joint venture with no employees.
Read plainly, most active licensees will need a workers’ comp policy or approved self-insurance on file from January 1, 2028, employees or not. Before that, CSLB has until January 1, 2027 to set up a way to verify exemption claims, such as an audit or proof. It must report that plan to the Legislature by the same date.
Laws can change before a date like this, so check CSLB’s workers’ comp page during 2027. If you’re exempt today, talk to an insurance broker well ahead of that date. Put a reminder in your records now, not in December 2027.
References: California Legislative Information: SB 1455 (2024), Contractors, including both versions of section 7125 (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125 (lists the current version and the version operative January 1, 2028) (opens in a new tab) · California Legislative Information: Business and Professions Code section 7125.7 (opens in a new tab) · California Legislative Information: SB 291 (2025), Contractors: workers’ compensation insurance (opens in a new tab)
Checking subcontractors’ workers’ comp certificates before they start
A sub without workers’ comp can become your problem. California presumes that a worker doing work that needs a contractor’s license is an employee, not an independent contractor. To count as an independent contractor, that person has to hold a valid license. So an unlicensed “sub” can end up treated as your employee for workers’ comp.
A licensed sub with employees needs its own policy. A licensed sub with no employees can file the exemption until 2028. That’s not an option if it holds one of the five classifications above or its license is qualified by an RME.
Watch for crews supplied through a staffing company or professional employer organization (PEO). On certificates CSLB accepts for these setups, the staffing company or PEO is named as the insured. The coverage is limited to worksite employees, not the licensee’s own subcontractors. Ask whose policy covers the people on your job.
License details, classifications and bonds are covered in keeping subcontractor license details on file. These workers’ comp checks are good practice, not something you file with CSLB. Run them before the first day on site:
- Look up the sub’s license on CSLB’s license check. It shows whether the license is active and the workers’ comp information on file.
- If a business isn’t on CSLB’s license check, or a certificate looks altered, check further. California’s Division of Workers’ Compensation says to contact the Workers’ Compensation Insurance Rating Bureau (WCIRB) to find which insurer covers a given employer. Self-insured employers are listed on DIR’s Self Insurance Plans page.
- Call the agent or insurer named on the certificate and confirm the policy is active.
- Ask for a certificate of insurance from the sub’s insurer or agent, with your company as the certificate holder. A certificate is a snapshot of the policy on the day it was issued, so last year’s copy proves little about today.
- Match the details: the business name and license number against the CSLB record, then the carrier, policy number and expiration date.
- If the sub is exempt but turns up with a crew, ask before work starts. An exempt licensee can’t have employees, and a roofing, concrete, HVAC, asbestos or tree sub can’t be exempt at all.
- Write down the expiration date, the date you checked and who checked it, and save the certificate with the job.
- Check again before each new job, before the expiration date, and before the final payment.
References: California Legislative Information: Labor Code section 2750.5 (opens in a new tab) · CSLB: Certificate of Insurance Requirements, FAQ for leasing and staffing companies, PEOs and co-insurers (PDF) (opens in a new tab) · CSLB: Roofing contractor consumer guide (PDF) (opens in a new tab) · CSLB: Workers’ Compensation Requirements (opens in a new tab) · California DIR, Division of Workers’ Compensation: FAQs for employers (opens in a new tab)
Where else your workers’ comp shows up
Your policy details come up in paperwork well beyond CSLB. If they sit in one record, nobody has to dig through email each time. Expect to need them for:
- Building permits. Cities and counties that issue building permits have each applicant sign a declaration about workers’ comp coverage or exemption. Contractors show a valid certificate at permit issuance, or the city or county checks electronically.
- Home improvement contracts. Each one needs a workers’ comp notice. It says either that you have no employees and are exempt, or that you carry workers’ comp for all employees. The rest of that contract is covered in home improvement contract records.
- Public works. Before starting a public works contract, each contractor signs a certification that it will comply with the workers’ comp law. The hours behind those jobs are covered in hours by project for certified payroll.
- Every certificate filed with CSLB. Your license number has to be on it, just as it goes on your quotes, contracts and ads.
- Your license renewal: the exemption recertification, or the top three classification codes from your policy.
References: California Legislative Information: Labor Code section 3800 (building permits) (opens in a new tab) · California Legislative Information: Business and Professions Code section 7159 (home improvement contracts) (opens in a new tab) · California Legislative Information: Labor Code section 1861 (public works) (opens in a new tab) · CSLB: Workers’ Compensation Requirements (opens in a new tab)
What this looks like in a few trades
These companies are made up, not clients. They show how the same rules land on different shops:
- A roofing company with two crews (C-39). The exemption was never an option. The office tracks one renewal date for its own policy and checks its gutter and sheet-metal subs before each reroof.
- A 6-truck HVAC company (C-20) that hires an insulation sub for attic jobs. As a C-20 licensee, it needs a policy on file even in a month with nobody on payroll. The sub’s certificate is checked before each attic job goes on the schedule.
- A tree service (C-61/D-49) that brings in extra crews after storms. Its own policy is required regardless. Each subcontracted crew needs its own certificate on file before it climbs, and the office checks that the policy dates cover the whole season.
- A general builder (B) using an electrician, a plumber and a drywall crew. Three subs mean three licenses, three certificates and three expiry dates. The one that worries the office is the drywall crew that shows up with helpers but lists an exemption.
- A painter (C-33) working alone with an exemption on file. Hiring a summer helper means coverage from the helper’s first day, and the 2028 change may mean a policy is needed anyway.
What a workers’ comp certificate tracker needs to hold
A spreadsheet works when you use three or four subs and one person owns it. It fails quietly. Nothing reminds anyone, and the copy on the office computer isn’t the one the foreman checks from the truck.
Whether it lives in a spreadsheet, an app or your job system, the tracker needs the same fields. Keep one record per company, your own included:
- License number, classifications and status, copied from the CSLB record.
- Workers’ comp status: insured, self-insured or exempt.
- Carrier, policy number, effective date and expiration date.
- A copy of each certificate, with old ones kept rather than overwritten, so you can show what was on file on a given date.
- The date someone last checked CSLB, and who checked.
- Reminders before each expiration date. We suggest 30 days out and again at 7 days.
- The jobs each sub is booked on, so an expiring certificate shows up next to the work it affects.
- A warning, or a hard stop, when someone schedules a sub whose certificate has expired.
A tracking app, or built into your job system
If reminders are all you need, a certificate tracking app may be enough. Remindax, for example, says it tracks your own workers’ comp renewal and your subs’ certificates. It sends reminders by email, SMS or WhatsApp (when we checked in October 2026). If an app like that fits how you work, use it.
Tracking pays off most when it sits next to the schedule, so the office sees an expired certificate while booking the sub, not after. That’s where custom business software built around your jobs helps. Subs, licenses, certificates and expiry dates sit on the same screens your team already uses to schedule and invoice. We connect to QuickBooks Online, Square, Stripe, Shopify, Google Calendar, Gmail or Outlook; anything else, we check before quoting.
A focused fix, like adding a certificate form and expiry reminders to a custom system you already have, is $750–$3,000 over 1–2 weeks. If someone else built that system, we review it first. One business system, like scheduling and invoicing with sub records built in, is $6,000–$18,000 over 6–10 weeks. These prices are ours as of 2026-10-04. Our first call is free, and you get a fixed price in writing within 48 hours of it.
This isn’t legal advice. Confirm your own situation with CSLB or a lawyer, and re-check the rules before January 1, 2028.
Reference: Remindax: Workers’ comp insurance tracking (opens in a new tab)
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