Workers’ compensation insurance is no-fault. The California Department of Insurance explains it clearly: “An injured employee does not need to prove that the injury or illness was someone else’s fault in order to receive workers’ compensation benefits.” With that being said, an employee is not automatically entitled to benefits. Unfortunately, there are cases in which […]
According to a report from the King City Rustler, two contractors from Monterey County—Elias Perez Jr. and Alejandra Perez—have received suspended prison sentences for their role in a major workers’ compensation fraud scheme that was perpetrated between 2013 and 2017. Both defendants were placed on felony probation for seven years. Here, our Monterey County workers’ […]
In California, workers’ compensation claims can be split into two broad categories: 1) Specific industry and 2) Cumulative trauma. Under Cal. Labor Code § 3208.1(b), cumulative trauma is harm “occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical […]
On October 31, 2023, the California Fourth District Court of Appeal ruled in favor of an employer in the case of Jones v. Regents of the University of California. The court determined that an employee—who was injured while riding her bike leaving on campus after work—was limited to filing a workers’ compensation claim. In this […]
On November 27, 2023, the State of California Department of Industrial Relations (DIR) announced the new temporary total disability (TTD) rates for 2024. Here is what to know: No changes were made to TTD rates because State Average Weekly Wage (SAWW) in California did not increase last year. Below, our Fresno workers’ compensation defense law […]
According to reporting from the Insurance Journal, an insurance agent in California has been arrested and charged with multiple serious felony criminal offenses for allegedly stealing the workers’ compensation premiums paid by several small businesses. Erin Lee McCarroll of Laguna Beach, CA, was arraigned on 27 criminal counts, including grand theft charges, in the workers’ […]
While a workers’ compensation claim is generally the exclusive legal remedy that an injured employee has against his or her own company, there is a notable exception to the rule: A serious and willful misconduct claim. An employer could face a big financial hit if a workplace injury happens because of serious and willful misconduct. […]
A growing share of the American workforce is remote. According to data from the Massachusetts Institute of Technology (MIT), approximately one-quarter of U.S. workers are remote on at least a part-time basis. This raises an important question: Are remote workers covered by workers’ compensation insurance? In California, the answer is “yes”—though these claims can be […]
According to a report from the Insurance Journal, a business owner in California has been arrested and charged as part of a workers’ compensation fraud case. Notably, the company’s office compliance manager is also facing criminal workers’ compensation fraud charges. Within this article, our Fresno workers’ compensation defense law firm provides an overview of the […]
Do hot workplaces cost employers more money? From the perspective of workers’ compensation insurance, the answer might be “yes.” According to a report from KEQD, hot workplaces—more specifically, workplaces where workers are exposed to high levels of outdoor heat—are linked to a greater number of workplace injuries and illnesses—20,000 in California alone each year. That […]
