affirmative defense

Post-Termination Defense Under Labor Code 3600(a)(10): What You Need to Know

Imagine that you fired or laid off an employee. A few months later, you receive notice that the former employee has filed a workerscompensation claim. Can they really do that? The short answer is ‘yes’—and it happens far more often than most people realize. At the same time, not all claims filed after termination are compensable.

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Affirmative Workers’ Comp Defense: California Law and Intoxicated Employees

Workerscompensation 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

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