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
Workers’ Comp Defense in California: What is the 90 Day Rule? Read More »
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 of Work Comp Liens and Subrogation in California Read More »
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
An Overview Labor Code 4850 Benefits Read More »
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 […]
California Workers’ Compensation: Defending a ‘Cumulative Trauma’ Claim Read More »
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
Affirmative Workers’ Comp Defense: California Law and Intoxicated Employees Read More »
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 […]
When Should I Hire a Workers’ Comp Defense Lawyer in California? Read More »
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