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DEF Construction employs 15 workers and wants to self-insure for workers' compensation. What is required under California law?

Correct Answer

A) Certificate of consent to self-insure from the Director of Industrial Relations

California allows private employers to self-insure for workers' compensation, but requires obtaining a certificate of consent to self-insure from the Director of Industrial Relations, along with meeting financial and other requirements.

Answer Options
A
Certificate of consent to self-insure from the Director of Industrial Relations
B
Minimum of 25 employees and $5 million in assets
C
Automatic approval with proper financial statements
D
Only applicable to public entities

Why This Is the Correct Answer

California Labor Code Section 3700 permits private employers to self-insure for workers' compensation, but only after obtaining a certificate of consent to self-insure from the Director of Industrial Relations. This certificate requires demonstrating financial strength and meeting specific requirements set by the DIR. Simply having employees and assets is not sufficient without the certificate.

Why the Other Options Are Wrong

Option B: Minimum of 25 employees and $5 million in assets

Requiring a minimum of 25 employees and $5 million in assets is incorrect. While financial requirements do exist for self-insurance approval, the California Labor Code does not specify a minimum employee count of 25 or a flat $5 million asset threshold as hard prerequisites. The determining requirement is the DIR certificate.

Option C: Automatic approval with proper financial statements

Automatic approval with proper financial statements is incorrect. Self-insurance is never automatically approved in California. It requires a formal application, review, and issuance of a certificate by the Director of Industrial Relations. There is no automatic pathway.

Option D: Only applicable to public entities

Saying self-insurance is only applicable to public entities is incorrect. California law expressly allows private employers β€” including private construction contractors β€” to self-insure. Public entities have separate self-insurance rules, but the option is not exclusive to them.

Memory Technique

To self-insure in California, you need the DIR's blessing β€” a 'Certificate of Consent.' Think: 'DIR says YES before you can skip buying WC insurance.' The Director of Industrial Relations is the gatekeeper.

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