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 […]
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 […]
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 […]
In California, businesses and organizations are required to obtain and maintain no-fault workers’ compensation coverage for their employees. An employer that is uninsured is in violation of the law—and, as such, could face civil and even criminal sanctions. What happens if coverage lapses for a short period of time? The short answer is that an […]
Did an employee at your company file for workers’ compensation benefits? Employers—and their insurers and claims administrators—have the right to review the claim and approve or deny it based on the information provided. In general, the deadline to deny a workers’ compensation claim in California is 90 days. Here, our Fresno workers’ compensation defense attorney […]
On January 24, 2024, Business Insurance reported that a proposed state law would require all employers to change their workers’ compensation notification to clarify and emphasize an injured worker’s right to consult with an attorney. Here, our Bakersfield workers’ compensation defense law firm provides an overview of the proposed law that would put additional obligations […]
According to a report from Hoodline, a contractor in Simi Valley was sentenced as part of a workers’ compensation fraud case. Mauricio Torres—the owner of a company called Vero’s Tree Service—was sentenced to one year of probation, fined $10,000.00, and ordered to pay financial restitution for knowingly failing to obtain mandatory workers’ compensation insurance coverage. […]
In California, workers’ compensation claims can be split into two broad categories: 1) Specific industry and 2) Cumulative trauma. Under Cal. Labor Code § 3208.1(b), cumulative trauma is harm “occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical […]
According to a report from the Insurance Journal, a business owner in California has been arrested and charged as part of a workers’ compensation fraud case. Notably, the company’s office compliance manager is also facing criminal workers’ compensation fraud charges. Within this article, our Fresno workers’ compensation defense law firm provides an overview of the […]
