California requires employers to provide no-fault workers’ compensation benefits to their employees. Any employee who suffers a job-related injury or impairment has the right to file for workers’ compensation benefits without any “pushback” from their employer. Under California Labor Code Section 132(A), “it is the declared policy of this state that there should not be […]
According to a report from My News LA, a Riverside County, California man has agreed to plead guilty in a workers’ compensation fraud claim. Angel Luis Maces, 24 of San Jacinto, was charged after allegedly faking a work-related injury in order to collect thousands in undue workers’ compensation benefits. In this article, our Fresno workers’ […]
An employer may receive notice that a disgruntled former employee has filed a workers’ compensation claim alleging a psychiatric injury after being fired or laid off. However, the employer may not necessarily be liable for the claimed injury thanks to the post-termination defense pursuant to Labor Code Section 3208.3(e). The legislature has specifically enacted a […]
Workers’ compensation insurance helps to ensure that people hurt on the job have access to medical care and financial support. Workers’ compensation benefits are no-fault: An employee can recover compensation regardless of whether the employer caused the accident. In turn, workers’ compensation is a sole legal remedy for injured employees. Workers generally cannot file a […]
Passed by the United States Congress in 1970, the Occupational Safety and Health Act created “OSHA”—the federal agency responsible for setting and enforcing certain workplace safety standards. Notably, the federal law grants states the authority to manage their own OSHA programs as long as certain requirements are met. The Division of Occupational Safety and Health […]
Subrogation issues are often among the most complicated aspects of a workers’ compensation claim. As simply defined by Black’s Law Dictionary, subrogation allows one party to recoup costs from another. In workers’ compensation claims, subrogation may allow an insurer or employer to recover costs paid from another party. One of the key things to know […]
While most of our cases in the workers’ compensation system have the standard defense attorney vs. applicant’s attorney dichotomy, we have all come to expect, there are those applicants who still wish to keep things more informal and seek to represent their own interests. In those unique situations, we need to keep perspective on how […]
The California Department of Industrial Relations is clear: “California employers are required by law to have workers’ compensation insurance, even if they have only one employee.” A business or nonprofit organization that improperly fails to provide workers’ compensation coverage may face serious sanctions. In this blog post, our Fresno workers’ compensation defense lawyers highlight the […]
On June 1, 2021, the California Department of Insurance announced that the owner of a Los Angeles County construction company has been arraigned on charges related to a $25 million workers’ compensation fraud scheme. Nissim Vaknin of Encito, California is facing felony fraud charges on the grounds that he intentionally understated his company’s payroll. In […]
On June 2, 2021, the California Department of Insurance announced that a grand jury has issued indictments on seven people who allegedly stole workers’ compensation benefits and are part of a scheme operated through a Bakersfield-based vocational training school. In this article, our Bakersfield workers’ compensation defense attorneys provide an overview of the workers’ compensation […]
