labor code

California is a No-Fault Workers’ Comp Insurance State (But There are Some Exceptions)

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California law (Labor Code § 3700) is clear: Employers must obtain workers’ comp insurance coverage for their employees. Workers’ comp insurance is no-fault—an employee does not need to prove negligence or any other type of misconduct by their employer to recover benefits. As long as the accident happened while the employee was working, they can …

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Report: Despite State Law, Firefighters in California Struggle to Get Workers’ Compensation Benefits for Cancer 

Firefighters, General, Injury, Medical Treatment, Permanent Disability, Presumption / By

According to a report from Mother Jones, many firefighters who have developed cancer are struggling to get workers’ compensation benefits. This is happening in California, despite the fact that our state has a specific statute in place that is designed to make it easier for firefighters to obtain workers’ compensation benefits for cancer and some other …

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How Long Do You Have to Report a Work Injury in California?

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State and federal regulations are in place to help ensure that workplaces are reasonably safe for employees. Nonetheless, accidents inevitably happen. If you were hurt on the job, it is imperative that you know your rights and responsibilities. Here, our Fresno workers’ comp attorney explains the most important things you should know about your duty to report …

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Can You Get Workers’ Comp Benefits for an Off-Site Injury in California?

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The California Department of Industrial Relations (DIR) explains that “all California employers must provide workers’ compensation benefits to their employees.” Workers’ comp insurance provides no-fault coverage to employees. If you are hurt on the job, you have the right to benefits regardless of whether or not your employer was to blame for the workplace accident.  This raises …

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California Workers’ Comp QMEs: Frequently Asked Questions (FAQS)

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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, …

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An Overview Labor Code 4850 Benefits

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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 …

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

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Imagine that you fired or laid off an employee. A few months later, you receive notice that the former employee has filed a workers’ compensation 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

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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 …

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