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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 114712
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son has a California corporation, sole shareholder, and I

Customer Question

My son has a California corporation, sole shareholder, and I work for him part-time. I would like to waive my right to workmen's comp as I work from my home and use all my own equipment and work my own hours. I am an W-2 earner so I can be on his medical group coverage. My husband is an independent contractor who contracts through our son's corporation, as he does with many companies to sell insurance and investment products. This year because my son had Workmen's Comp coverage, the insurance carrier tried to force him to also pay a premium for his father's 1099 commission earnings. I fought their demand for payment through letters and stating that it would be impossible for my husband to prove who he was selling a product for if he were ever hurt and of course the insurance company would use that angle to deny any such claim. I am hoping to legally avoid my son from having to obtain coverage for me in California, as I am the only employee outside my son for the corporation. Again, he is sole shareholder and is not required to have Workmen's Comp coverage for himself. I would like to know if I can sign a waiver or provide a legal document releasing him from coverage for me in California? Thank you. Stephanie
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, as long as you are an employee, CA law mandates that the employer pay for workers compensation, it cannot be waived. Any waiver purporting to waive rights to workers compensation is invalid.

Even as an owner/director/officer, if you perform any duties for the company for pay you could not be exempt from workers compensation. If you were an officer/director/owner of the corporation who was not performing any service for pay for the corporation, you could seek to be exempted under CA Labor Code 3351.