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 […]
All employers in California are required to obtain the proper no-fault workers’ compensation coverage for full-time and part-time employees. A worker who was hurt on the job has a right to file for workers’ compensation benefits. This raises an important question: What should an employer do if they believe that a worker is filing an […]
Was your employee hurt while on the job? They have the right to file for workers’ compensation benefits and to take time off to recover from their injuries. Once they are ready to do so, they can return to work. There are specific rules and regulations that employers in California must follow when a worker […]
The Department of Industrial Relations (DIR) explains that all employers in California “are required by law to have workers’ compensation insurance, even if they have only one employee.” A workers’ compensation claim is generally the sole remedy that an injured worker has against their own employer for a work-related accident. However, if an employer fails […]
