California employers are required to provide no-fault workers’ compensation benefits to their workers. State-mandated workers’ compensation insurance must offer coverage for two distinct injuries — specific and cumulative trauma. Whereas a specific injury is linked to an accident, cumulative trauma develops gradually over time. For several different reasons, cumulative trauma claims are complicated. One way […]
In January, State Senator Dave Cortese (D-Santa Clara County) and State Assembly member Ash Kalra (D-San Jose) introduced Senate Bill 213 (SB-213) in the California State Legislature. If passed into law, the bill would rewrite the state’s Labor Code to create a new “rebuttable presumption” that certain injuries, illnesses, and ailments that develop or manifest […]
In October of 2019, California Governor Gavin Newsom signed Senate Bill No. 542 into law. A workers’ compensation reform bill, the legislation created a rebuttable presumption that certain public safety employees diagnosed with post-traumatic stress disorder (PTSD) have a compensable industrial injury. Here, our California workers’ compensation defense attorneys provide a more comprehensive explanation of […]
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 […]
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 […]
Under California Labor Code Section 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 […]
In California, workers are entitled to ‘no-fault’ benefits for job-related injuries. In filing a workers’ compensation 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 […]
According to a report from the Insurance Journal, two California truck company owners, Hardip Singh and Amandeep Kaur, have been charged as part of a workers’ compensation insurance fraud scheme. The business partners owned and operated a Sacramento-based trucking company called Trust Transport, Inc. They are alleged to have systematically underreported payroll. By doing so, […]
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’ compensation claims process can be complicated. It is not uncommon to […]
A workers’ compensation claim is typically the exclusive remedy that an injured employee has against an employer. However, California Labor Code § 4553 provides an exception in cases of ‘serious and willful misconduct’ (S&W) by an employer. The general rule is that an employee’s total workers’ compensation award may be increased by as much as […]
