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 […]
According to a report from Business Insurance, an appellate court in California ruled that a workers’ compensation claim is the exclusive remedy available against the employer to the family members of a man who was killed on the job at a grocery store (Jimenez et al. v. Mrs. Gooch’s Natural Food Markets, Inc). The family […]
According to a report from the Insurance Journal, the total amount of workers’ compensation losses paid has gradually increased over the past decade. Notably, this comes after the passing of Senate Bill 863 (SB 863), which reformed the handling of medical treatment disputes in workers’ compensation claims in California. SB 863 was signed into law […]
The Department of Industrial Relations (DIR) explains that all employers in California are legally required to purchase no-fault workers’ compensation coverage. Should they fail to do so, they are an improperly uninsured employer. Employers that are uninsured can face major problems if one of their workers is hurt on the job. Here, our Sacramento workers’ […]
California law requires all companies and organizations that have employees within the state to obtain the appropriate no-fault workers’ compensation insurance coverage. California workers’ compensation laws put legal responsibilities on both employers and employees. What happens if an employee is late to report their work injury? It could be a good cause to deny their […]
As a general rule, injured workers in California can obtain workers’ compensation benefits if they can prove that their injury occurred within the course and scope of their employment. The “duty-belt” presumption is a specialized provision that flips the burden of proof in certain workers’ compensation claims involving first responders. Under California Labor Code § […]
Following a job-related injury, a workers’ compensation claim is generally the sole legal remedy that an employee has against their own employer. However, in California, there is the big exception of the accident caused by “serious and willful” misconduct on the part of the employer. Under California Labor Code § 4553, an injured worker can […]
Employers in California are legally required to provide no-fault workers’ compensation insurance coverage for their staff. When someone is hurt on the job, they have the right to file for workers’ compensation benefits without fear of facing retribution. This raises an important question: What rights do employers have when an employee files a fraudulent workers’ […]
What happens if an employer or insurer overpays workers’ compensation benefits in California? It is something that can happen for a wide range of different reasons. The short answer is that California has a process in place that allows parties to petition for credit of an overpayment. Here, our Fresno workers’ compensation defense law firm […]
In early July 2023, the Supreme Court of California released an important decision in the case of Kuciemba v. Victory Woodworks, Inc., No. S274191. The state’s highest court determined that an employer was not liable for the COVID-19 illness contracted by the spouse of one of its employees. The decision has important implications for workers’ […]
