California Workers’ Compensation and Taxes

person using calculator

California workers' compensation benefits are designed to provide financial support to employees who have been injured or become ill as a result of their job. This system is mandated by California law and provides a safety net for workers who may experience lost wages or medical expenses due to workplace accidents or illnesses. 

While workers' compensation benefits are essential for employees, they can also have tax implications for employers and employees. In this context, employers must ensure they meet their tax obligations related to workers' compensation benefits, and employees must understand the tax implications of any benefits they receive. 

In this article, we will explore California workers' compensation benefits and taxes in more detail, including what employers and employees need to know about taxation, compliance, and reporting.

What is Workers’ Comp in California?

In California, workers' compensation benefits provide financial assistance to employees who have been injured or become ill as a result of their job. These benefits are mandatory for employers to provide and are administered by the California Department of Industrial Relations, Division of Workers' Compensation.

To be eligible for workers' compensation benefits in California, employees must have suffered an injury or illness related to their job duties. This can include physical injuries, such as a broken bone or back strain, or occupational diseases, such as mesothelioma or carpal tunnel syndrome. It's worth noting that the injury or illness does not have to be caused by a specific incident, but can also be caused by repetitive motion or exposure to harmful substances over time.

There are several types of benefits available to employees under California's workers' compensation system, including:

1. Medical Treatment

Employees are entitled to receive medical treatment for their injury or illness at no cost to them. This includes doctor visits, hospitalization, prescription medication, and any other medical services deemed necessary by a physician.

2. Temporary Disability Benefits

If an employee is unable to work due to their injury or illness, they may be eligible for temporary disability benefits. This benefit provides two-thirds of the employee's average weekly wage, up to a maximum set by the state, while they cannot work.

3. Permanent Disability Benefits

If an employee's injury or illness results in a permanent disability, they may be entitled to permanent disability benefits. The amount of the benefit is based on the nature and severity of the disability, as well as the employee's age and occupation.

4. Supplemental Job Displacement Benefits

Employees who cannot return to their previous job due to their injury or illness may be entitled to a voucher to help pay for retraining or education to prepare for a new career.

5. Death Benefits

These are for the dependents of employees who die as a result of a workplace injury or illness. Dependents may include a spouse, children, and other family members who were financially dependent on the deceased employee. Death benefits may include compensation for funeral expenses, as well as ongoing financial support for the dependents of the deceased employee.

In California, workers' compensation benefits are calculated based on the employee's average weekly wage and the severity of their injury or illness. By understanding the benefits available and the eligibility requirements, employees can ensure that they receive the financial assistance they need while they recover.

Taxes and Workers’ Compensation in California

Both employers and employees in California need to be aware of the tax implications of workers' compensation benefits. While workers' compensation benefits are not subject to federal income tax, they may be subject to certain state and local taxes, as well as other tax implications that employers and employees should be aware of.

For employers, there are several tax obligations related to workers' compensation benefits in California. Employers are required to pay a premium to their workers' compensation insurance carrier to provide coverage for their employees. This premium is generally tax-deductible as a business expense. Additionally, employers must report workers' compensation benefits paid to employees on their quarterly state unemployment insurance reports. Failure to report these benefits accurately can result in penalties and fines.

For employees, workers' compensation benefits are generally not taxable on their federal income tax return. However, they may be subject to state and local taxes, depending on where the employee lives. Employees who receive both workers' compensation benefits and Social Security Disability Insurance (SSDI) benefits may be subject to an offset, which means that their SSDI benefits may be reduced to account for the workers' compensation benefits they receive.

It's important for employees to understand the tax implications of the different types of workers' compensation benefits. For example, temporary disability benefits and permanent disability benefits are generally not taxable, while supplemental job displacement benefits may be taxable. It's recommended that employees consult with a tax professional or qualified workers’ comp specialists to ensure they accurately report any taxable workers' compensation benefits on their state and federal tax returns.

Closing Thoughts

Understanding the complexities of workers' compensation benefits and taxes in California is crucial for both employers and employees. It's important to stay informed about changes to workers' compensation benefits and tax laws in California. Employers and employees can find helpful information and resources from the California Department of Industrial Relations' Division of Workers' Compensation. 
Additionally, injured employees in the Central Valley can contact us if they have any questions or if they need assistance navigating the California workers' compensation benefits system.


Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.