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What Is Covered Under Workers Compensation Insurance? Complete 2026 California Guide
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Workers Compensation

What Is Covered Under Workers Compensation Insurance? Complete 2026 California Guide

Milik & Associates TeamFebruary 26, 2026

"What is covered under workers compensation insurance?" is one of the most common questions California employers ask. The answer matters—both for legal compliance and protecting your business.

Let's break down exactly what workers compensation insurance covers, what it doesn't, and what that means for your Irvine or Orange County business in 2026.

What Is Covered Under Workers Compensation Insurance: The Basics

Workers compensation insurance covers employees who suffer work-related injuries or illnesses. In California, coverage includes four main categories:

1.

Medical Benefits

2.

Temporary Disability Benefits

3.

Permanent Disability Benefits

4.

Death Benefits

Let's dive into each.

Medical Benefits: What Is Covered Under Workers Compensation

Medical coverage is the broadest part of what workers compensation insurance covers.

Unlimited Medical Coverage

In California, there is no cap on medical benefits for work-related injuries. This includes:

Emergency Care:

Ambulance transportation

Emergency room treatment

Urgent care visits

Emergency surgery

Physician Services:

Primary care doctor visits

Specialist consultations

Second opinions

Follow-up appointments

Telemedicine visits

Hospital Care:

Inpatient hospitalization

Surgical procedures

Recovery room care

Hospital room and board

Nursing care

Medications:

Prescription drugs related to injury

Pain management medications

Antibiotics and anti-inflammatories

Medical supplies

Rehabilitation Services:

Physical therapy

Occupational therapy

Chiropractic care (with authorization)

Acupuncture (with authorization)

Psychological counseling (work-related PTSD)

Medical Equipment and Devices:

Crutches and wheelchairs

Back braces and slings

Prosthetic devices

Home modifications (ramps, grab bars)

Assistive technology

Diagnostic Testing:

X-rays and MRIs

CT scans

Blood tests and lab work

EMG and nerve conduction studies

What Medical Care Is NOT Covered

Workers comp medical coverage excludes:

Treatment for non-work injuries

Elective or cosmetic procedures unrelated to injury

Experimental treatments (unless approved)

Treatment after claim is settled (usually)

Medical Provider Networks (MPNs)

California allows employers to use Medical Provider Networks:

Pre-selected network of doctors

Employee must use MPN doctors for first 30 days

After 30 days, employee can choose own doctor (if they predesignated)

MPN must have adequate providers in employee's area

Temporary Disability Benefits: What Workers Comp Covers for Lost Wages

If an employee cannot work due to injury, temporary disability benefits kick in.

Temporary Total Disability (TTD)

When employee cannot work at all:

Coverage Amount:

Two-thirds of average weekly wages

Tax-free benefits

Waiting Period:

3-day waiting period before benefits begin

If disability lasts 14+ days, first 3 days paid retroactively

Duration:

Up to 104 weeks (2 years) in most cases

Can extend longer for certain injuries

Continues until employee returns to work or reaches max medical improvement

Temporary Partial Disability (TPD)

When employee can work part-time or light duty:

Coverage Amount:

Two-thirds of wage loss (difference between pre-injury and current wages)

Encourages return-to-work programs

What Wage Replacement Is NOT Covered

Workers comp disability benefits exclude:

Time off for non-work injuries

Sick days or vacation time

Wage increases employee would have received

Bonuses or commissions (unless regular part of wages)

Full wage replacement (only two-thirds covered)

Permanent Disability Benefits: What Is Covered Long-Term

If an employee cannot fully recover, permanent disability coverage applies.

Permanent Partial Disability (PPD)

When employee has lasting limitations but can still work:

How It Works:

1.

Doctor assigns disability rating (1-99%)

2.

Rating considers: injury severity, age, occupation, future earning capacity

3.

Payment based on rating percentage

Payment Options:

Ongoing payments: Weekly or bi-weekly for months/years

Lump sum: One-time settlement payment

Permanent Total Disability (PTD)

When employee cannot return to any gainful employment:

Rare but Catastrophic:

Total blindness

Loss of both hands/feet

Severe brain injury

Paralysis

Coverage:

Weekly payments for life

Cost of living adjustments

Can total millions over lifetime

Supplemental Job Displacement Benefits

If employee cannot return to previous job and employer cannot accommodate:

Voucher Program:

Voucher for education/retraining

Used for education/retraining

Helps employee learn new skills

Applies to injuries after 2013

Death Benefits: What Workers Comp Covers for Families

If a workplace injury or illness results in death:

Burial/Funeral Expenses

Coverage:

Burial/funeral costs covered

Paid directly to funeral home or family

Separate from dependency benefits

Dependency Benefits

Total Dependents (e.g., spouse, minor children):

Paid as ongoing weekly/bi-weekly payments

Spouse benefits continue for life or until remarriage

Children's benefits continue until age 18 (or 23 if full-time student)

Partial Dependents:

Proportional payments based on dependency level

Employer's Liability Coverage: What Else Is Covered

Your workers comp policy includes a second part: Employer's Liability Insurance.

What Employer's Liability Covers

Protection from lawsuits that fall outside workers comp:

Third-Party Lawsuits:

Spouse suing for "loss of consortium"

Family suing for emotional distress

Dual-capacity lawsuits (employer also product manufacturer)

Consequential Injuries:

Injuries to third parties caused by employee injury

What Employer's Liability Does NOT Cover

Exclusions include:

Intentional harm by employer

Punitive damages

Employment practices (discrimination, wrongful termination)

OSHA fines and penalties

What Workers Compensation Does NOT Cover (Common Exclusions)

Understanding exclusions is as important as knowing what is covered:

Injuries NOT Covered

1.

Self-Inflicted Injuries - Deliberate self-harm, suicide (except in rare work-stress cases)

2.

Intoxication - Employee under influence of alcohol or drugs, exception: Employer knew and allowed it

3.

Horseplay - Fighting or roughhousing, exception: Job-related altercations

4.

Commuting Injuries - Travel to/from work not covered, exception: Special errands for employer, travel as part of job

5.

Off-Duty Injuries - Injuries outside work hours and location, exception: Work-related events (conferences, company parties)

6.

Violations of Policy - Injuries while violating safety rules, not absolute—depends on circumstances

7.

Pre-Existing Conditions - Conditions not caused or aggravated by work, exception: Work aggravates pre-existing condition (apportionment applies)

Workers NOT Covered

Independent Contractors: Only if properly classified, must meet California's ABC test, misclassification results in big penalties

Volunteers: Generally not covered, non-profits have special rules

Sole Proprietors: Can opt-in but not required, partners can also opt-in

Industry-Specific Coverage: What's Covered in Your Field

Tech Companies (Irvine Startups)

Common Covered Claims:

Carpal tunnel syndrome

Back injuries from poor ergonomics

Slip-and-fall in office

Stress-related conditions (if tied to specific events)

Prevention:

Ergonomic workstations

Standing desks

Regular breaks

Office safety

Medical/Dental Practices

Common Covered Claims:

Needlestick injuries

Exposure to bloodborne pathogens

Lifting patient injuries

Repetitive strain

Prevention:

OSHA compliance

Safe patient handling

Sharps containers

PPE protocols

Restaurants

Common Covered Claims:

Burns (fryers, ovens, stoves)

Cuts (knives, slicers)

Slip-and-fall (wet floors)

Lifting injuries

Prevention:

Non-slip mats

Knife safety training

Proper lifting techniques

Regular equipment maintenance

Construction

Common Covered Claims:

Falls from heights

Struck-by incidents

Equipment injuries

Electrical shocks

Prevention:

Fall protection programs

OSHA 10/30 training

Daily toolbox talks

Equipment inspections

How to Maximize Your Workers Comp Coverage

Get the most from your workers compensation:

1.

Report Injuries Immediately - Faster reporting means faster benefits, delays can jeopardize claims, document everything

2.

Use Approved Medical Providers - MPN doctors (if applicable), predesignated doctor after 30 days, keep all medical records

3.

Offer Modified Duty - Gets employee back sooner, reduces disability costs, maintains morale

4.

Communicate with Claims Adjuster - Stay in the loop, ask questions, provide requested documentation quickly

5.

Implement Safety Programs - Prevent injuries before they happen, reduce claims frequency, lower experience mod

Free Workers Comp Coverage Review

Want to verify your policy covers what you think it does?

Milik & Associates offers free workers comp policy reviews for Orange County businesses.

What's included:

Coverage verification (are you fully protected?)

Gap analysis (what's missing?)

Cost comparison

Claim scenario review (how would a real claim work?)

[Get your free coverage review →](/contact)

Frequently Asked Questions: What Is Covered

Q: Does workers comp cover COVID-19?

A: Yes, if contracted at work. California had a presumption for certain workers. Now must prove work exposure.

Q: Are mental health claims covered?

A: Yes, if caused by specific work events (not general stress). Requires 6+ months employment.

Q: What if an employee lies about an injury?

A: Fraud is grounds for claim denial. Report suspected fraud to your carrier and the California Insurance Fraud Bureau.

Q: Does coverage extend to out-of-state employees?

A: Depends on your policy. Multi-state employers need coverage in each state.

Q: Can an employee sue me even with workers comp?

A: Rare exceptions exist (gross negligence, intentional harm). Generally, workers comp is exclusive remedy.

Protect Your Business with the Right Coverage

Now you know exactly what is covered under workers compensation insurance. The next step: making sure your coverage is accurate, adequate, and affordable.

Contact Milik & Associates for expert guidance:

[Schedule your free consultation →](/contact)

Serving Irvine, Orange County, and all of California.

Ready to Get Protected?

Our team is here to help you understand your insurance options and find the right coverage for your needs.