Does Your Roofer Need Workers' Comp in California?
Yes. Every California roofer must carry workers' comp, even with no employees. What "exempt" means, the 2028 rule for all contractors, and how to check a policy.
Picture the second morning of your roof replacement. Eight people are on the roof, tearing off shingles two stories up. One of them steps on a loose sheet of underlayment.
Who pays for the ambulance, the surgery and the months off work? If the roofing company carries workers' compensation, its insurer does. If it doesn't, the question can end up at your front door. This article explains the California workers' comp rules for roofers, what "exempt" really means on a contractor license, and how to check a policy before anyone climbs a ladder.
Why roofing is different
Roofing is one of the most dangerous jobs in America. In 2024, roofers died on the job at a rate of 48.7 per 100,000 full-time workers. The rate for all workers was 3.3. That makes a roof roughly fifteen times as dangerous as the average workplace.
Source: U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2024
California's law reflects that. Most contractors can choose not to carry workers' comp if they have no employees. Roofers can't.
Do roofers need workers' comp in California?
Yes, every one of them. Since January 1, 2013, any license with the C-39 Roofing classification must have workers' compensation insurance, or a certificate of self-insurance, on file with the Contractors State License Board (CSLB). That applies even to a roofer who works alone with no employees.
If a roofer's policy lapses, CSLB removes the C-39 Roofing classification from the license. The company may still hold a license, but it is no longer licensed to do roofing.
Source: Business and Professions Code §7125, as amended by AB 2219 (2012)
What does "exempt" mean on a contractor license?
When a contractor files an exemption, they declare to CSLB, under penalty of perjury, that they have no employees. The license record then shows "exempt" where an insurance policy would be.
For a plumber who works alone, that can be perfectly accurate. For a roofer, it isn't allowed at all. And in every trade, "exempt" is a statement about employees, not about who shows up. A company that claims no employees and then arrives with a crew of eight has some explaining to do.
Four other trades lost the exemption in 2023: concrete (C-8), heating and air conditioning (C-20), asbestos abatement (C-22) and tree service (D-49).
Source: SB 216 (2021)
The 2028 rule: workers' comp for every California contractor
California has decided that every licensed contractor, in every trade, should carry workers' comp. The original law set the date at January 1, 2026. A 2024 law moved it to January 1, 2028, and told CSLB to start verifying exemption claims in the meantime.
Source: SB 216 (2021); SB 1455 (2024)
Until 2028, a general contractor or a specialty contractor outside those five trades can still file as exempt. A roofer cannot, and hasn't been able to for over a decade.
What happens if an uninsured worker is hurt on your property?
This is the part most homeowners never think about. When the roofing company carries workers' comp, an injured worker's claim goes to its insurer. When it doesn't, things get complicated, and some of the complication can land on you.
- California law presumes that someone doing work that requires a license is an employee, not an independent contractor.
- When the person doing that work is unlicensed, that presumption can make the homeowner the employer. In one case, a homeowner hired an unlicensed roofer who fell within hours, and the appeals court let him sue the homeowner directly.
- For a roof, "uninsured" and "unlicensed" are closer than they sound. A roofer without workers' comp loses the C-39 Roofing classification, so it is no longer licensed for your job.
- Your homeowner's insurance may not cover an injury like this. Ask your insurer before work starts, not after.
Source: Labor Code §2750.5; Mendoza v. Brodeur (Cal. Ct. App. 2006)
The details depend on the facts of each case, and this isn't legal advice. But the simplest protection doesn't need a lawyer: hire a roofer whose workers' comp is real, current and on the record.
How to check your roofer's workers' comp in five minutes
- Look up the license on cslb.ca.gov. (Here's how to check a contractor's license in California, step by step.)
- Find the workers' compensation section. You want an insurance company's name, a policy number and dates, not the word "exempt".
- Check that the policy runs past the last day of your job. A policy that expires mid-project is a gap you can ask about now.
- Confirm it with the insurer. The free California Workers' Compensation Coverage Inquiry, run by the state's workers' comp rating bureau (WCIRB), lets you look up a company's insurer by name. A new policy can take up to two months to appear there, so a missing one is a question, not a verdict.
- Ask who will actually be on your roof. If it's a subcontractor's crew, that company needs its own license and its own workers' comp, and you can check both the same way.
A ConFacts report reads the insurer, the policy dates and any exemption on the state record, and compares them with the crew the company advertises.
Red flags
- A roofing company tells you it's "exempt" or "doesn't need" workers' comp.
- The license shows no C-39 Roofing classification, but the company is bidding on your roof.
- The policy on the record expires before your job ends.
- The only proof is a photocopied certificate from the salesperson.
- The insurer named on the certificate doesn't match the one on the CSLB record.
- The crew is paid in cash, day by day, and nobody can say who employs them.
Questions to ask before you sign
“Who exactly will be on my roof, and are they your employees or a subcontractor's?”
“Can your insurer send me a certificate that covers the dates of my job?”
“If you use a subcontractor, what is their license number?”
Frequently asked questions
Do roofers need workers' comp in California?
Yes. Every license with the C-39 Roofing classification must carry workers' compensation or self-insurance, even with no employees. That has been the law since 2013.
Can a roofing contractor be exempt from workers' comp?
No. If a license shows "exempt", it can't carry the C-39 Roofing classification. A company without C-39 shouldn't be taking a roof-only job.
When do all California contractors need workers' comp?
On January 1, 2028, under SB 216 as delayed by SB 1455. Roofers, and four other trades, already need it today.
Am I liable if a roofer gets hurt on my property?
If the roofing company is licensed and carries workers' comp, the injured worker's claim normally goes to its insurer. If the roofer is unlicensed, and a roofer without workers' comp is no longer licensed for roofing, you can be exposed. Checking the policy before work starts is the best protection.
How can I check if a contractor has workers' comp?
Look up the license at cslb.ca.gov and read the workers' compensation section, then confirm the insurer on the state's Coverage Inquiry site or with the insurer directly.
Read more about workers' comp, bonds and insurance in the Homeowner's guide.