An employer, administrator, or insurance company may want to settle a workers’ compensation claim. Before reaching an agreement, it is important to know the difference between the two main types of workers’ compensation settlement options. These options are a Compromise and Release (C&R) and a Stipulation. Here, our Fresno workers’ compensation defense lawyers explain the […]
Category Archives: Workers’ Compensation
As noted by the California Department of Industrial Relations, all employers in our state are required to carry workers’ compensation insurance as a matter of law. Companies and organizations that fail to comply with this requirement face significant liability risks—potentially including financial sanctions and criminal penalties. At Yrulegui & Roberts, we have extensive experience representing […]
In California, employers are legally required to provide workers’ compensation insurance for their employees. In most cases, a workers’ compensation claim is an injured employee’s sole legal claim against the company. However, there are some limited exceptions to the rule. Under California Labor Code section 4553, an employee or surviving dependent can seek additional compensation […]
The coronavirus (COVID-19) continues to affect communities throughout the country. The California Department of Public Health reports that more than 525,000 COVID-19 cases have been confirmed in the state as of August 5, 2020. Despite sanitizing efforts, the virus may be transmitted almost anywhere, including in the workplace. Recently, the California Workers’ Compensation Institute (CWCI) […]
by Ricky Halladay Have you ever received notice of a workers’ compensation claim by an injured worker after they were terminated from employment? This is not a unique situation, and in fact, occurs more often than one would think. Labor Code section 3600(a)(10) states, when the claim for compensation is filed after notice of termination […]
Under California state law, employers are required to obtain workers’ compensation insurance for their employees. The failure to do so could result in an employer facing stiff legal penalties. Among other things, a business or organization may be hit with civil damages, regulatory fines, additional penalty compensation, and potentially even criminal charges. Most business owners […]
Have you ever been stuck in a constant loop of replacement panel requests, one after another, ultimately causing significant delay in the discovery process? Nowadays, the panel QME process is almost inevitable in the handling of every workers’ compensation claims to resolve any and all disputed medical issues, particularly in cases where the applicant is […]
Workers’ compensation benefits must be provided no matter who was at fault for the job-related accident. An injured employee can bring a claim for more medical coverage and disability benefits, even if the employer did nothing wrong. That being said, it is important for insurers, claims administrators, and employers to determine exactly how an accident […]
You may have heard that a workers’ compensation claim is the exclusive remedy that injured employees have against their employer in California. While that is mostly true, there is a narrow, but important exception: A serious and willful misconduct claim. In a serious and willful misconduct claim,an employer may face additional legal liability after a […]
As explained by the California Department of Industrial Relations (DIR), QMEs are licensed doctors who have been trained and certified by the state’s DWC. When there are questions regarding the nature and severity of an employee’s injury, a Qualified Medical Evaluator (QME) may be brought in to bring additional clarity and help resolve the issue. […]