Workers’ Compensation Compliance

Guide for Employers

Introduction

Workers’ Compensation insurance protects your business and employees if workplace injuries or illnesses occur. Compliance is not just about avoiding fines—it's about creating a safe, trustworthy workplace and controlling costs. This guide outlines the essential steps for employers to stay compliant and protected.

Understand Your Legal Obligations

  • Mandatory Coverage: In California and most states, Workers’ Comp is required by law for businesses with employees (even part-time).

  • Know Your State Laws: Requirements vary by state (number of employees, types of workers covered, penalties, etc.).

  • Industry-Specific Rules: High-risk industries may face stricter regulations or audits.

Obtain the Right Insurance Policy

  • Choose a Reputable Carrier: Select an "A Rated" insurance carrier for reliability and compliance.

  • Assess Your Risks: Work with a broker or agency experienced in your industry to determine proper coverage and classifications.

  • Post Your Policy: Display the "Notice to Employees" form in a visible area, as required by law.

Accurately Classify Your Employees

  • Job Codes Matter: Misclassification can lead to underpayment, steep penalties, or uncovered claims.

  • Update Regularly: Review classifications whenever job roles change or new roles are added.

  • Pay-As-You-Go Options: For fluctuating payrolls (staffing, seasonal, construction), consider flexible pay-as-you-go policies to stay accurate.

Maintain Good Recordkeeping

  • Track Payroll Diligently: Report wages accurately each pay period.

  • Log Incidents Promptly: Keep records of all workplace injuries, illnesses, and safety training.

  • Store Documents Securely: Retain policy documents, claim forms, and safety logs for at least 5 years (or as required by your state).

Promote a Safety-First Workplace

  • Implement Training: Conduct regular safety trainings and refreshers tailored to your industry.

  • Establish Procedures: Have clear protocols for reporting and responding to incidents.

  • Encourage Reporting: Foster a culture where employees report hazards or injuries immediately—without fear of retaliation.

Handle Claims Responsibly

  • Report Injuries Immediately: Notify your insurance carrier and file state-mandated forms (e.g., DWC-1 in California) within required timelines.

  • Cooperate with Insurers: Provide all requested information for claim investigations.

  • Support Injured Workers: Facilitate return-to-work programs and maintain communication with employees during recovery.

Stay Current and Audit-Ready

  • Annual Policy Reviews: Schedule annual check-ins with your broker to review payroll, classifications, and any business changes.

  • Prepare for Audits: Keep records organized and respond promptly to audit requests.

  • Watch for Law Changes: Monitor updates from your state’s Workers’ Compensation Board or Department of Insurance.

Avoid Common Compliance Mistakes

  • Ignoring the requirement to carry coverage (even for 1 employee)

  • Misclassifying employees or using outdated job codes

  • Underreporting payroll to lower premiums

  • Not posting mandatory workplace notices

  • Failing to report injuries in a timely manner

Partner With the Right Experts

  • Work with a Workers’ Comp specialist who understands your industry.

  • Consider compliance audits and safety consulting to proactively manage risks.

  • Use modern payroll or HR software that integrates with Workers’ Comp reporting.

Resources

  • California Division of Workers’ Compensation

  • Your insurance broker or agency

Compliance Is Protection

Staying compliant isn’t just a box to check—it’s about protecting your team and your business. Partnering with experienced advisors like Sixth Man Employer & Insurance Services ensures you stay ahead of regulations, minimize risks, and can focus on what matters most: running your business.

California's premier workers' compensation solutions provider, serving employers since 2005.

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