California employers are required to provide no-fault work injury insurance to their employees. If an injured worker files a claim, a claims administrator has a responsibility to make an initial decision within 90 days. If they fail to accept or deny the workers’ compensation claim before the deadline expires, they are liable by default. This . . .
In California, businesses and organizations are required to provide no-fault workers’ comp coverage to their employees. When someone gets hurt on the job, they can claim benefits. While workers’ comp is usually the sole and exclusive remedy that an employee has against an employer, an injured worker may file a lawsuit directly against a negligent . . .
Under California Labor Code § 4800, certain frontline workers—including police officers, firefighters, and other public safety personnel—are entitled to additional legal protection in the event that they suffer a job-related injury. Referred both as “Labor Code Section 4850 benefits” and “Labor Code Section 4850 Time,” this special provision allows qualifying employees to receive their full salary . . .
Under California workers’ compensation laws, there are two broad categories of work injuries — specific injuries and cumulative trauma. A specific injury occurs in a single event, in which an employee is hurt at a specific place and time. In contrast, cumulative trauma injuries develop gradually over time. They occur as the collective consequence of many repetitive movements . . .
Imagine that you fired or laid off an employee. A few months later, you receive notice that the former employee has filed a workers’ compensation claim. Can they really do that? The short answer is ‘yes’—and it happens far more often than most people realize. At the same time, not all claims filed after termination are compensable. . . .
Workers’ compensation insurance provides no-fault benefits to people who were injured while on the job. An employer can be held responsible for a workplace injury even if the accident was not their fault. That being said, liability is not automatic. There are several affirmative defenses that employers and insurers can raise to deny coverage. An . . .
Workers’ compensation insurance provides medical coverage and wage loss benefits to employees who were hurt on the job. As emphasized by the California Department of Industrial Relations, “employers are required by law to have workers’ compensation insurance.” For employers and insurers, navigating the workers’ comp claims process can be complicated. It is not uncommon to run . . .
Published by Joseph Yrulegui on June 11, 2020 We have previously discussed California Governor Gavin Newsom’s Executive Order that created a rebuttable presumption that COVID-19 is a compensable occupational disease. Under Executive Order N-62-20, employees who were required to work outside of the home between March 19th and July 5th and who contracted COVID-19 are presumed to have done . . .
Published by Joseph Yrulegui on March 23, 2021 Workers’ Comp Defense in California: Understanding a Claimant’s Duty to Disclose On February 3rd, 2021, the California Department of Insurance announced workers’ compensation fraud charges against a Kern County man accused of bilking an insurance company. According to the allegations raised by the agency, this man unlawfully failed to . . .