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

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Octavia Red, Kate Dalia Topllne Latest 'Lesbian Roommates' From Sweetheart Video

Reigning XMAs Girl/Girl Performer of the Year Octavia Red and Kate Dalia headline the second volume of "Lesbian Roommates," from Mile High Media studio imprint Sweetheart Video.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the providers of three adult websites that the agency says have failed to implement age verification as required under French law.

Elise London Makes Her MILFY Debut

Elise London has made her debut for Vixen Media Group studio, starring in MILFY alongside Derek Savage.

Emily Walters Makes Her WIFEY Debut

Emily Walters has made her debut for Vixen Media Group imprint WIFEY alongside her husband Andy and Terry Banks in the latest installment of the studio's series "WIFEY Vacay."

Hime Marie Makes Her MILFY Debut

Hime Marie has made her debut for Vixen Media Group studio imprint Blacked alongside Damion Dayski, directed by W.C. Walker.

Silvia Saige. Leana Lovings Star in Latest From Bellesa Plus

Silvia Saige and Leana Lovings star with Nathan Bronson in the latest release from Bellesa Plus, titled "Under Her Influence."

Blake Lovely, Esme Rogue Star in Latest From TGirls.porn

Blake Lovely and Esme Rogue star in the latest release from Grooby paysite TGirls.Porn, titled "The Great Outdoors."

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Show More