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

Anissa Kate Stars in Latest From Brazzers

Anissa Kate stars with Brazzers exclusive Girthmasterr in the studio’s latest release, titled "Backdoor Action In The Backyard."

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

Stella Luxx Makes Her Blacked Debut

Stella Luxx has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Jason Luv, in the studio’s latest release.

'Swing Nation' Hosts Lacy and Dan Make Their WIFEY Debuts

Lacy and Dan, hosts of the "Swing Nation" swinging lifestyle podcast, star with Jamie Knoxx, Dan Damage, and Hollywood Cash in the latest release from Vixen Media Group studio imprint WIFEY.

Lilly Bell Fronts Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Laura Bentley in the latest Girlsway release, titled “You're a Nudist Now??”

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

Charlotte Sins, Victoria Grant Star in New Transfixed Release

Charlotte Sins and Victoria Grant star with Baxxx in the latest release from Transfixed, titled "Office Catfight!"

Candie Luciani Leads Dorcel's 'Thr3e #9'

Candie Luciani headlines the latest release from Dorcel, titled “Thr3e #9.”

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

Anna Claire Clouds Headlines 'POV Hookups' From Mr. Big POV

2025 XMAs Female Performer of the Year Anna Claire Clouds toplines “POV Hookups,” the latest release from Mile High Media's newly launched studio brand Mr. Big POV.

Show More