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The California Labor Code requires that all employees be covered under a workers' compensation insurance policy.However, the Labor Code does allow workers' compensation insurance coverage for volunteers, including unpaid board members, but only if your board adopts a resolution specifically electing such coverage.
Generally, executive officers of a corporation are automatically included for coverage under each states' workers comp laws. Officers must file for exclusion from the policy. Partners and sole-proprietors are generally exempt from coverage, but they may elect to be included on the policy.
Is the Board of Directors covered under the Workers' Compensation policy? Generally, the Board of Directors as officers of the corporation will be specifically excluded.
As a sole proprietor you are not required to get workers' compensation insurance coverage. If you have employees, they must be covered. If you are a corporate officer that owns 25% or more of a company, you can file for an exemption so you will not be covered under a policy.
Owners and officers in higher risk industries often elect to be excluded from coverage in order to save money on their work comp premium.
The main categories of workers that are not covered by traditional workers' compensation are: business owners, volunteers, independent contractors, federal employees, railroad employees, and longshoremen.
In most states, executive officers are considered employees of the corporate entity. Like other employees, they are automatically covered by workers compensation laws.If the company employs other workers, all officers must be covered. Some states permit all officers to exempt themselves from coverage.
Corporate Officers are included in coverage, but may elect to be exempt up to four executive officers of a corporation Sole Proprietors, Partners and LLC Members are excluded from coverage but may elect to be included.
The main reason to exclude owners and officers is to save the company premium dollars. It is also often assumed that owners and officers would not need to file a workers' comp claim anyway.