In a recent panel decision, the Workers’ Compensation Appeals Board (WCAB) offered a cautionary tale for claims administrators and insurance carriers on how a seemingly straightforward denial can inadvertently fail to trigger the one-year statute of limitations (SOL). Although Bracy v. State of California is not binding precedent, it provides valuable insights into best practices […]
In California, employees are entitled to receive no-fault workers’ compensation insurance coverage from their employer. If an employee is hurt on the job, he/she has the right to file for workers’ compensation benefits regardless of how and why the accident occurred. However, they do not have an unlimited amount of time to bring the case. […]
Employers have a duty to get no-fault workers’ compensation insurance coverage for both full-time and part-time employees (California Labor Code § 3700). If a worker is hurt on the job, they can claim benefits without proving that the employer was negligent or otherwise caused their accident. Of course, that does not mean that a workers’ […]
Under California law, workers’ compensation claims are subject to a statute of limitations. As a general rule, most workers’ compensation claims must be filed by an injured employee within one year of the date of the accident or the “onset” of the injury/illness. If a worker fails to file a claim before the deadline, an […]
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 […]
