Legal & Lawsuits Verified Answer 7 min read • Updated October 2026

Do independent contractors need workers' comp in California?

Quick Answer / Executive Summary

A genuine independent contractor doesn't have to be covered by your workers' comp policy, and a contractor with no employees isn't required to carry workers' comp on themselves. But California presumes workers are employees unless the hiring business proves all three parts of the ABC test (Labor Code 2775): the worker is free from your control, does work outside your usual course of business, and runs an independently established business. If any prong fails, the 'contractor' is your employee and must be covered. Some occupations are judged under the older Borello test instead, and certain licensed contractors must carry workers' comp regardless. See who is exempt from workers' compensation insurance in California for the full exemption list.

Key Takeaways at a Glance
  • California presumes workers are employees; the hiring business must prove contractor status.
  • All three ABC prongs must be met. Failing prong B (work within your usual business) is the most common trap.
  • Some professions and business-to-business arrangements are exempt from the ABC test and use the multi-factor Borello test.
  • Certain CSLB-licensed trades must carry workers' comp even with no employees, expanding to all licensed contractors on January 1, 2028.
  • Misclassification can make you liable for uninsured-employer penalties plus willful misclassification penalties under Labor Code 226.8.

The ABC Test, Prong by Prong

• A: Free from control. The worker decides how, when and where the work is done, both under the contract and in practice.
• B: Outside your usual business. A bakery hiring an electrician passes; a bakery hiring a 'contract' cake decorator likely fails.
• C: Independent business. The worker has their own business, such as a license, other clients, marketing and their own tools, before and apart from working with you.

Fail any one, and the worker is an employee for California wage and workers' comp purposes.

Exemptions From the ABC Test

AB 5 and later amendments exempt certain occupations and arrangements, which are judged under the older multi-factor Borello test instead. These include certain licensed professionals (such as doctors, lawyers, accountants and insurance agents), some business-to-business relationships that meet detailed criteria, and certain referral-agency arrangements. Exemptions have specific conditions, so check the statute or an employment attorney before relying on one.
Licensed Contractors Have Their Own Rule

Some CSLB classifications, including concrete (C-8), HVAC (C-20), asbestos abatement (C-22) and tree service (D-49), must carry workers' comp even with no employees. Under SB 216 as amended by SB 1455, all licensed contractors must carry it from January 1, 2028.

Should You Require Contractors to Carry Their Own Coverage?

Yes. Ask every contractor for a certificate of insurance showing general liability and, if they have employees, workers' comp. If an uninsured contractor's employee is hurt on your job, your own workers' comp insurer may count that person on your policy at the final audit, increasing your premium. Your general liability insurer may also require contractors to name you as an additional insured. How these policies respond to injury lawsuits is explained in does business insurance cover lawsuits.

Misclassification Costs

If a misclassified worker is injured, you're treated as an uninsured employer: the state can issue a stop order and assess the greater of twice the unpaid premium or $1,500 per employee, and the worker can sue you directly. Willful misclassification carries separate civil penalties under Labor Code 226.8. None of these fines are insurable. If you're thinking of dropping your policy because 'everyone is a contractor now', read can you cancel business insurance at any time first, and see our business insurance coverage and requirements hub for what's legally required.
Real-Life Case Incident & Precedent
Precedent: California Labor Code Section 2775 (ABC test), Section 3351 (employee definition for workers' compensation), and Section 3700 (duty to insure)

Illustrative Case: The 'Contract' Delivery Drivers

Scenario: An illustrative California furniture store paid three delivery drivers as 1099 contractors and carried workers' comp only for its sales staff. One driver injured his back carrying a sofa.

Resolution & Judicial Outcome: Delivering furniture was part of the store's usual business, so the drivers failed prong B of the ABC test and were employees. The store's insurer added the drivers' payroll at audit, and the store paid back premium and faced penalty exposure for the period they were uncovered.

What You Should Do: Step-by-Step Action Plan

1 Step 1: List every 1099 worker and apply all three ABC prongs in writing.
2 Step 2: Check whether any exemption applies and, if so, document the Borello factors.
3 Step 3: Reclassify anyone who fails and add them to your workers' comp policy.
4 Step 4: Collect certificates of insurance from genuine contractors and diary their expiration dates.
5 Step 5: Keep payroll and contractor records ready for your annual audit.

Critical Mistakes to Avoid

  • Assuming a signed contractor agreement settles the question.
  • Hiring 'contractors' to do your core business work.
  • Not collecting certificates of insurance from subcontractors.
  • Ignoring CSLB rules that require coverage for certain licensed trades.

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