In this guide7 sections
Senate Bill 632 would have made it easier for California hospital workers to get workers’ comp by presuming that certain illnesses and injuries among staff who provide direct patient care are caused by the job. The bill passed the state Senate in June 2025, but in June 2026 its contents were replaced with an unrelated education measure, so the hospital worker presumption did not become law. Hospital workers can still receive workers’ comp under the standard rules.
Key takeaways
- SB 632’s workers’ comp presumptions for hospital workers did not become law.
- Hospital workers can still claim benefits by showing, with medical evidence, that work was a contributing cause of the injury or illness.
- California’s COVID-19 workers’ comp presumptions expired on January 1, 2024.
- Acute care hospitals must have safe patient handling policies and workplace violence prevention plans, and you can’t be disciplined for refusing an unsafe lift.
- Your employer can’t retaliate against you for filing a workers’ comp claim (Labor Code §132a).
What SB 632 would have done
As introduced in February 2025 by Senator Jesse Arreguín, SB 632 would have created rebuttable presumptions that certain illnesses and injuries are work-related for hospital employees who provide direct patient care. A presumption shifts the burden: instead of the worker proving the job caused the condition, the employer would have had to prove it didn’t. Police officers and firefighters already have presumptions like this for conditions such as heart trouble, pneumonia, tuberculosis and certain cancers.
What happened to the bill
| Date | Action |
|---|---|
| February 2025 | Introduced in the Senate |
| June 4, 2025 | Passed the Senate, 22–10 |
| June 10, 2026 | Amended in the Assembly; the workers’ comp provisions were removed and replaced with a community college fee waiver proposal |
| September 20, 2026 | The fee waiver version was vetoed by the Governor |
Any new hospital worker presumption would need a new bill in a future legislative session.
Your workers’ comp rights as a hospital worker today
Without a presumption, you prove your claim the same way most workers do. Work doesn’t have to be the only cause: you need a medical opinion, based on reasonable medical probability, that work was a contributing cause of your condition. See what AOE/COE means.
| Hospital risk | What the law provides |
|---|---|
| Back and shoulder injuries from lifting patients | Workers’ comp benefits, plus Labor Code §6403.5: acute care hospitals must keep a safe patient handling policy with trained lift teams or staff and lifting equipment, and you can’t be disciplined for refusing to lift when safety is at risk or help and equipment aren’t available |
| Assaults by patients or visitors | Workers’ comp benefits, plus Cal/OSHA’s workplace violence prevention standard for health care, which requires a written plan, training and a violent incident log, and bars retaliation for reporting |
| COVID-19 and other infections | The COVID-19 presumptions expired January 1, 2024, but you can still prove a claim under the standard rules for diseases |
| PTSD and other psychiatric injuries | Covered under Labor Code §3208.3, which generally requires work to be the predominant cause and six months of employment, with exceptions for violent acts and sudden, extraordinary events. See psychiatric injuries in workers’ comp |
| Respiratory illness | Covered with medical proof of workplace exposure. See workers’ comp for respiratory illnesses |
Here is a hypothetical. Grace, an ICU nurse, injures her lower back repositioning a patient when no lift equipment is available. She reports it the same day and files a claim form, and her claim proceeds under the standard rules. Had she refused the lift for lack of equipment or help, the hospital could not have disciplined her for it.
What to do if you are hurt or get sick at a hospital job
- Report the injury or illness to your supervisor in writing; the general deadline is 30 days.
- Ask for a claim form. Your employer must provide one within one working day of learning about the injury.
- Get treatment and describe your duties and exposures to the doctor.
- Keep incident reports, staffing records and names of coworkers who saw what happened.
- If you are disciplined or pushed out after filing, read about workers’ comp retaliation. A §132a petition generally must be filed within one year.
Frequently asked questions
Is there any workers’ comp presumption for nurses in California now?
Not a general one. The COVID-19 presumptions that covered many health care workers expired in 2024, and SB 632’s presumptions did not become law.
Can I still get workers’ comp for COVID-19 caught at work?
Yes, if you can show with medical evidence that you were exposed at work and the illness caused disability or a need for treatment.
Can my hospital discipline me for refusing an unsafe patient lift?
Under Labor Code §6403.5, a health care worker who refuses to lift, reposition or transfer a patient because of safety concerns, or because trained help or equipment isn’t available, can’t be disciplined for that refusal.
Could a hospital worker presumption still pass?
Only through a new bill in a future legislative session. Until then, hospital workers’ claims are decided under the standard rules described above.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including nurses and other hospital staff hurt on the job. We offer free virtual consultations to review your claim and options. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
