Important Facts About Workers’ Compensation in California

Strong Tie Insurance December 13, 2018 Workers Compensation

Having a workers’ compensation insurance coverage is a fundamental requirement of being an employer in the state of California. Thus, if you have a business with one or more, employees, you must always have the workers’ compensation cover.

Without it, you could be forced to pay for your employee’s medical cost in the event of a workplace injury. Furthermore, you could be at risk of additional costs in the form of lawsuits and penalties. Below are some crucial facts about California workers compensation.

It is a Legal Requirement

According to California Labor Code Section 3700, it is mandatory for employers to offer worker compensation benefits to employees. This law ensures that employees get adequate medical care in the event of a workplace injury. It also protects business owners from having to incur high costs of paying their employees’ medical bills when traumatic accidents occur at the workplace. Therefore, every business with one or several workers has to comply with this legal requirement to avoid getting itself into costly legal problems.

It is a no-fault System

California workers compensation program is a no fault. Thus, when an injury necessitating medical attention occurs at the workplace, the injured employee is entitled to compensation irrespective of why or how the accident happened. Therefore, there is usually no chance of finger pointing since it doesn’t matter whether the employee or the employer is at fault. However, there are exemptions in cases where injuries result from intoxication at the workplace or willful intention to damage oneself.

Reporting a workplace Injury is a right

Employees have an obligation to report workplace injuries within thirty days. The employer is then required to file a claim on behalf of the employee. However, an employee has a right to submit a worker’s compensation claim if the employer fails to so. In fact, according to the Labor Code 132(a), firing a person for filing a workers’ compensation can cause employees to seek legal remedies in the form of bigger awards if they can prove that the firing is linked to reporting the accident.

Benefits that an injured employee is entitled to

When a workplace injury occurs, the victim could be entitled to a number of benefits. Some of them include;

  • Medical Therapies
  • Prescriptions
  • Rehab
  • Death Benefits
  • Payments for irreversible impairments
  • Payments for missed work time
  • Two-thirds of gross earnings

It covers both specific and cumulative injuries

Workplace injuries can either be specific or cumulative. Specific injuries are those that result from accidents occurring at a particular time. Examples of such accidents are slips and falls. These injuries are usually straightforward, and they often do not lead to disputes between parties.

On the other hand, cumulative injuries develop over a given period of time. Examples of such injuries include back problems resulting from prolonged lifting, carpal tunnel resulting from repetitive keyboarding, and lung problems resulting from prolonged exposure of dust among others. To prove these injuries, one may have to provide medical evidence from a health professional.

The Takeaway

Overall, it is apparent that in California, workers compensation cover is a necessity for all employers. The insurance ensures that employees can easily access the assistance they need in the event of a workplace accident. It also saves businesses from some liabilities when workplace injuries occur. Get in touch with us if you would like to learn more about California workers compensation.