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Resources · Owner & Officer Exclusions

Excluding Owners & Officers From California Workers' Comp

Who can be left off a California workers' compensation policy, the ownership percentage each entity type needs, how the waiver works, and what it means for your premium.

The Short Answer

California counts corporate officers and directors, working LLC members, and working partners as employees for workers' compensation unless they qualify to be excluded. Whether you can be left off the policy depends on your entity type and, for corporations, how much stock you own.

Corporations: an officer or director who owns 10% or more of the stock can be excluded by signing a waiver. LLCs and partnerships: only a managing member or general partner can be excluded, and there is no minimum ownership. A sole shareholder is excluded automatically.

The 10% figure applies to policies effective July 1, 2018 and later. Between 2017 and mid-2018 the minimum was 15%, so older articles that quote 15% are out of date.

Who Can Be Excluded, by Entity Type

Entity typeWho can be excludedOwnership minimumOther requirements
CorporationOfficer or director10% of the issued and outstanding stock, or 1% if a parent, grandparent, sibling, spouse, or child owns 10% or moreSigned waiver. The 1% route also requires the person to have health insurance
Corporation with a sole shareholderThe sole shareholder, if an officer or director100%Excluded automatically, with no waiver, unless they elect coverage
LLCManaging member onlyNoneSigned waiver. Other members who are paid wages are employees
PartnershipGeneral partner onlyNoneSigned waiver
Professional corporationOwner who personally provides the corporation's professional servicesNoneHealth insurance and a signed waiver. The owner gives a copy of the waiver to the other owners
Cooperative corporationOfficer or directorNoneHealth insurance, a disability policy comparable to workers' comp, and a signed waiver. State Fund asks cooperatives to get written California Department of Insurance approval of the disability policy first

If shares or interests are held in a revocable trust, the person who holds the power to revoke the trust is treated as the owner and qualifies the same way as that entity type.

How the Waiver Works

  • The person signs a written waiver under penalty of perjury, stating that they qualify. Each person signs their own.
  • It takes effect when the insurance carrier receives and accepts it. With the person's consent, the carrier may backdate acceptance up to 15 days before it received the waiver.
  • It stays in effect until the person sends the carrier a written withdrawal.
  • Once signed, the person is conclusively presumed not to be covered by workers' comp benefits. An excluded owner who is injured at work has no workers' comp claim under the policy.
  • Carriers, agents, and brokers are not required to verify what the waiver says, so the person signing is responsible for its accuracy.

Who Cannot Be Excluded

  • A corporate officer or director who owns less than 10% and has no qualifying family member owning 10% or more, or who lacks health insurance on the family route.
  • An LLC member who is not a managing member and is paid wages, and a partner who is not a general partner.
  • Regular employees. There is no waiver for them.

Three more points worth knowing:

  • Carriers apply an exclusion only to the company where the person holds the ownership, not to subsidiaries or affiliates that company owns.
  • A change in ownership percentages can affect a waiver, so review waivers whenever ownership changes.
  • The law counts officers and directors as employees only while they render actual service for the corporation for pay.

What Exclusion Does to Your Premium

An excluded person's payroll is left out of your premium calculation, and the person is not eligible for workers' comp benefits. Officers and partners who stay on the policy are charged on their actual pay, subject to a minimum and a maximum that the WCIRB sets and adjusts for each policy period. That minimum can add premium even when an owner's actual pay is lower.

The trade-off is protection: an excluded owner has no workers' comp coverage for themselves, so confirm you have health and disability coverage before signing a waiver. We can show you the premium both ways before you decide.

Contractors: What CSLB Requires

Excluding an owner from the policy does not change your contractor license requirements. CSLB requires C-8 (concrete), C-20 (HVAC), C-22 (asbestos abatement), C-39 (roofing), and C-61/D-49 (tree service) licensees to carry workers' comp whether or not they have employees. A license qualified through a responsible managing employee cannot use the no-employees exemption, and having employees ends it. CSLB's report to the Legislature says coverage is required for all licensees starting January 1, 2028. See our SB 216 and SB 1455 contractor guide for the full timeline.

Frequently Asked Questions

What percentage do I need to be excluded from workers' comp in California?

For a corporation, an officer or director needs at least 10% of the stock, or at least 1% if a parent, grandparent, sibling, spouse, or child owns 10% or more and the person has health insurance. LLC managing members and general partners have no minimum. In every case the person must sign a waiver that the carrier accepts.

Can I be excluded if I own less than 10% of the corporation?

Only through the family route: you own at least 1%, a parent, grandparent, sibling, spouse, or child owns 10% or more, you have health insurance, and you sign a waiver. Otherwise you stay on the policy. State Fund requires health insurance only for officers under 10%, but some carriers ask every officer about it, so confirm with your carrier.

Do LLC members need a minimum ownership percentage?

No. The rule turns on role, not percentage: only a managing member can be excluded. Other members who are paid wages are treated as employees.

Is the exclusion automatic?

Only for a sole shareholder, who is excluded unless they elect coverage. Everyone else needs a signed waiver that the carrier has received and accepted.

What happens if an excluded owner is hurt on the job?

The waiver creates a conclusive presumption that the person is not covered by workers' compensation benefits, so the policy pays no workers' comp benefits for that person.

Did the ownership requirement change?

Yes. For policies effective July 1, 2018 and later, the minimum for corporate officers and directors is 10%. From 2017 until then it was 15%, so older articles that quote 15% are out of date.

Sources

General information, not legal advice. Eligibility for exclusion is set by the Labor Code and applied by your carrier. Confirm your situation with your carrier or legal advisor before anyone signs a waiver.

Applying for coverage? Our contractor application checks each owner's ownership percentage against these rules as you fill it out.

Not Sure Who Qualifies on Your Policy?

Send us your ownership structure and we will tell you who can be excluded, what a waiver requires, and what it does to your premium.

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