In California, businesses and organizations are required to provide no-fault workers’ comp coverage to their employees. When someone gets hurt on the job, they can claim benefits. While workers’ comp is usually the sole and exclusive remedy that an employee has against an employer, an injured worker may file a lawsuit directly against a negligent…
An Overview Labor Code 4850 Benefits
Under California Labor Code § 4800, certain frontline workers—including police officers, firefighters, and other public safety personnel—are entitled to additional legal protection in the event that they suffer a job-related injury. Referred both as “Labor Code Section 4850 benefits” and “Labor Code Section 4850 Time,” this special provision allows qualifying employees to receive their full salary…
Affirmative Workers’ Comp Defense: California Law and Intoxicated Employees
Workers’ compensation insurance provides no-fault benefits to people who were injured while on the job. An employer can be held responsible for a workplace injury even if the accident was not their fault. That being said, liability is not automatic. There are several affirmative defenses that employers and insurers can raise to deny coverage. An…
When Should I Hire a Workers’ Comp Defense Lawyer in California?
Workers’ compensation insurance provides medical coverage and wage loss benefits to employees who were hurt on the job. As emphasized by the California Department of Industrial Relations, “employers are required by law to have workers’ compensation insurance.” For employers and insurers, navigating the workers’ comp claims process can be complicated. It is not uncommon to run…
Duty to Disclose
Published by Joseph Yrulegui on March 23, 2021 Workers’ Comp Defense in California: Understanding a Claimant’s Duty to Disclose On February 3rd, 2021, the California Department of Insurance announced workers’ compensation fraud charges against a Kern County man accused of bilking an insurance company. According to the allegations raised by the agency, this man unlawfully failed to…
The Duty-Belt Presumption for Police Officers Explained
In California, workers are entitled to ‘no-fault’ benefits for job-related injuries. In filing a workers’ comp claim, it is generally an employee’s responsibility to prove that their injuries are connected to their employment. However, in limited circumstances, California law shifts the burden of proof in the other direction—ruling that certain injuries for certain workers are…
AB 5 and Workers’ Compensation
In recent years, businesses and organizations are increasingly relying on the contributions of gig workers and independent contractors. In the fall of 2019, Governor Gavin Newsom signed California Assembly Bill 5 (AB 5) into law; the bill restricts an employer’s ability to classify a worker as an independent contractor. There are strict rules that must be followed…
California Workers’ Comp QMEs: Frequently Asked Questions (FAQS)
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 into to bring additional clarity and help resolve the issue. Here,…
Nearly 15,000 Workers Comp Claims Filed in California for COVID-19 Exposure Through June 30th
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 5th, 2020. Despite sanitizing efforts, the virus may be transmitted almost anywhere, including in the workplace. Recently, the California Workers’ Compensation Institute (CWCI) released data…
California Workers’ Compensation: What is a Compensable Consequence?
In some cases, an injury can make a person vulnerable to other medical complications. Under California’s workers’ compensation laws, this type of new health problem may be considered a compensable consequence. In California, a compensable consequence is an injury or health condition that arises directly out of an industrial injury. This raises an important question: What qualifies…
California Workers’ Comp: Compromise and Release (C&R) vs. Stipulation
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’ comp settlement options. These options are a compromise and release (C&R) and a stipulation. Here, our Fresno workers’ compensation defense lawyersexplain the most important…
Workers’ Comp Defense in California: What is the 90 Day Rule?
California employers are required to provide no-fault work injury insurance to their employees. If an injured worker files a claim, a claims administrator has a responsibility to make an initial decision within 90 days. If they fail to accept or deny the workers’ compensation claim before the deadline expires, they are liable by default. This…
California Workers’ Compensation: Defending a ‘Cumulative Trauma’ Claim
Under California workers’ compensation laws, there are two broad categories of work injuries — specific injuries and cumulative trauma. A specific injury occurs in a single event, in which an employee is hurt at a specific place and time. In contrast, cumulative trauma injuries develop gradually over time. They occur as the collective consequence of many repetitive movements…