Workers Comp Insurer Changes Rules for Talent Agents — Attorney

LOS ANGELES — Adult entertainment talent agents who are insured by State Compensation Insurance Fund and send performers to production sets of uninsured studios might be in for a shock if the porn star gets injured — they could be on the hook for a workers compensation claim.

State Fund, which manages the bulk of employers’ workers comp insurance in California, has changed its policy over workplace responsibility when adult entertainment agents book talent with uninsured production companies, according to adult industry attorney Michael Fattorosi.

Fattorosi told XBIZ that he had a half-hour long conversation with a State Fund underwriter Tuesday that revealed a bombshell over liability when he asked a question involving a new Porn Valley talent agent Fattorosi represents.

“State Fund told me that they feel there is a problem in the adult entertainment industry over injuries suffered on the set, and that someone has got to cover the performers,” Fattorosi said. “They are basically saying that the adult industry needs to police itself in regards to workers compensation insurance.

“It appears that they are taking the position that if an agent does not check whether a production company is insured, that agent can ultimately be responsible for benefits if that performer suffers an injury on set. This is a radical departure since it has been commonly believed that performers were not employees of the talent agencies."

Fattorosi said that in order for agents based in California to be “legal,” they must be licensed and bonded by the state of California, as well as covered under a workers comp insurance policy.

According to the Labor Code, every employer in the state of California must carry workers compensation insurance. Failure to do so is a criminal offense.

For adult performers, workplace injuries run the gamut, from simple trip-and-falls to contraction of STDs, including HIV infection.

In the past, Cal-OSHA has conducted periodic spot checks on the set over workers comp insurance, and the state’s Department of Industrial Relations can shut down a porn set and could fine the company $1,000 per day, per performer, until it can prove it has workers comp policies.

XBIZ was unable to obtain comment from State Fund chief public information officer Patrick Anderson over apparent changes to the insurer’s policies, but Fattorosi said that its new rule could spread to other workers comp insurance companies that insure employers, including production companies and talent agents within the state.

“I’d expect all of them to adopt this rule,” Fattorosi said. State Fund can also assess fines and or penalties against their insureds that under report payroll. They are now expecting agents to report the earnings the performers make as a part of their payroll so SCIF can adjust insurance premiums for those agents.

“Ultimately I can see this costing the agents a lot of money in premium dollars," Fattorosi added.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pearl Industry Network Launches 'TrustLink' Verification Platform for Creators

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free verification platform for creators.

Juliana Marie Makes Her West Coast Productions Debut

Juliana Marie has made her debut for West Coast Productions (WCP), alongside Jovan Jordan, in the studio’s latest release, titled “The Monster Tamer.”

Krystal Sparks, Nicky Huntsman & Natalia Starr Front 'Austin Powers' Parody From MYLF

Krystal Sparks, Natalia Starr, and Nicky Huntsman star with Quinton James in a new “Austin Powers” parody from MYLF.

Scarlet Chase Stars in 'Slippery Sloppy Slut' From SecretCrush

Evil Angel has released the latest scene from Scarlet Chase's SecretCrush brand, titled "Slippery Sloppy Slut."

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

Ricky's Room Releases New Title 'Gemini's Room'

Ricky’s Room has released its Baby Gemini showcase, "Gemini’s Room," on DVD.

Candee Licious, Zazie Skymm Star in Latest From MixedX

Candee Licious and Zazie Skymm star in the latest release from MixedX, titled “The Other Memory.”

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Sabien DeMonia Drops Latest Evil Angel Directorial

Reigning Euro XMAs MILF Performer of the Year Sabien DeMonia has dropped her latest directorial effort for Evil Angel, “0% Pussy 100% Anal Squirt Hardcore Gape: Polish.”

Ariel Demure, River Lynn Front 'Watching My Husband Bang a Trans 2' From GenderX

Newly crowned XMAs Trans Performer of the Year Ariel Demure and River Lynn star with Baxxx in the second volume of GenderX Films' "Watching My Husband Bang a Trans," directed by Jim Powers.

Show More