When an employee is injured on the job in California, he or she will generally bring a workers’ compensation claim. That injured worker may also have an additional claim—such as against a negligent third party that contributed to their accident. In these cases, complex issues related to subrogation can arise. California Insurance Code § 11662 […]
What happens if one of your employees aggravates a pre-existing injury while on the job? The short answer is that they can still file for workers’ compensation insurance benefits. That being said, depending on the specific situation, the cost of the claim may be covered, at least in part, by our state’s Subsequent Injuries Benefits […]
On March 21, 2024, CBS News reported that a former human resources (HR) manager in San Francisco misappropriated more than $600,000.00 in workers’ compensation funds. Stanley Ellicott has been arrested and is now facing dozens of serious criminal charges. Within this article, our Fresno workers’ compensation defense attorney provides a more comprehensive discussion of the […]
According to a report from Business Insurance, a comprehensive report from the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) found that new workers—defined as those within their first year of employment—are significantly more likely to be injured on the job compared to more seasoned employees. Here, our Fresno workers’ compensation defense attorney provides a […]
Under California state law, employers must get workers’ compensation coverage for their employees. In California, an uninsured employer is “any employer who has failed to secure the payment of compensation as required by Labor Code Section 3700” (§15560). What happens if your company has failed to get insurance coverage? You need to take proactive measures […]
On March 4, 2024, the Insurance Journal reported that cumulative trauma claims represent a disproportionate share of the workers’ compensation cases that end up in litigation. As part of a major study, researchers studied a representative region in the Los Angeles Basin to assess the outcome of claims. Businesses, claims administrators, and insurers should be […]
Many companies in California work with subcontractors. You may be wondering: What happens if a subcontractor’s employee is hurt at your worksite? The short answer is that their workers’ compensation claim is through their own employer—but if your negligence contributed to the accident, your company may bear liability through a third-party liability lawsuit. Here, our […]
As explained by the California Department of Insurance, employers are required to purchase and maintain no-fault workers’ compensation insurance for their employees. Workers are generally covered as long as they were hurt within the “course and scope” of their employment. What happens if your employee is engaged in off-site travel? This is where California’s commercial […]
According to a report from the Claims Journal, inpatient hospitalizations for workers’ compensation cases are down approximately 50% in California from 2012 to 2022. The change is driven by several different factors, including a drop in overall workers’ compensation claims and an overall increase in outpatient procedures. Within this article, our Bakersfield workers’ compensation defense […]
While workers’ compensation is generally the sole remedy that an injured worker has against their own employer, a company could face a serious and willful misconduct claim if gross negligence or an intentional safety violation caused that worker’s injury. This raises an important question: Is an employer still liable if an employee was responsible for […]
