Running a Small Business in California
Does a business with one employee need workers' compensation?
By the WeERM Editorial Team
Yes. Labor Code § 3700 requires every employer other than the state to secure workers' compensation. Failing to is a misdemeanour: a first offence carries up to a year in county jail or a fine of twice the unpaid premium with a $10,000 minimum.
There is no small-employer exemption. The obligation attaches at the first employee, and California is unusual in backing it with criminal exposure rather than only a civil penalty.
The statute is short and absolute — every employer except the state shall secure the payment of compensation. That is normally done by buying a policy, though a qualifying employer may self-insure with the state's consent. There is no headcount below which it does not apply.
The penalties are where this stops looking like ordinary compliance. Failure to secure coverage is a misdemeanour. A first conviction carries imprisonment in the county jail for up to one year, or a fine of not less than twice the amount of premium that would otherwise have been due — and not less than $10,000 — or both. A second conviction raises the multiplier to three times the premium with a $50,000 floor.
Separately, an employer who is uninsured when someone is hurt loses the exclusive-remedy protection that workers' compensation normally provides. The injured worker can sue in civil court, and the state can issue a stop order halting the use of employee labour until coverage is in place.
This connects directly to the day-one notice rule: the § 2810.5 notice has to name the workers' compensation carrier. An employer who cannot fill in that line on the form is being told, by their own paperwork, that something is missing.
Sources
Reviewed 2026-08-11 by the WeERM team. Informational only, not legal advice. California rules change; confirm against the current source before acting.
