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What Employers Must Offer Workers’ Compensation in California?

  • Published: November 24, 2021

Some California Employers may try to dispute a worker’s compensation claim to keep their insurance premiums from rising or hide the fact that they don’t have the required amount of worker’s comp insurance. Typical reasons an employer gives include: The company does not carry worker’s comp insurance, or the injury didn’t occur at work, or your injury is not severe enough to warrant a claim. Aren’t employers required to offer worker’s compensation in California?

Workers’ compensation insurance pays for the cost of work-related injuries. Requirements for workers’ compensation insurance vary by state. In California, all employers’ are mandated to carry workers’ compensation, regardless of how many employees they have. California law requires all business owners to carry workers’ comp insurance for all employees who regularly work in California, even if the business headquarters is in another state.

If you believe you are not being provided the Workers’ Compensation benefits to which you are entitled, you should retain the representation of experienced and skilled California Worker’s Compensation attorneys. KCNS’ team of lawyers have spent their careers advocating for the rights of their clients.

Is worker’s compensation insurance available to part-time workers?

The number of hours an employee works does not affect their entitlement to workers’ compensation. It is possible to get an independent contractor workers’ compensation waiver, but California law assumes anyone who works for an employer is an employee. Suppose a claim is filed. In that case, the burden is on the employer to prove that someone is an independent contractor and not an employee.

Why is worker’s compensation insurance important?

Workers’ comp protects the employee and the employer should a workplace accident occur. The employees get medical treatment and wage loss benefits regardless of fault. California law requires coverage to provide workers’ compensation benefits for:

  • Medical care
  • Temporary disability benefits
  • Permanent disability benefits
  • Supplemental job displacement benefits
  • Return-to-work supplement
  • Death benefits

Employers get protection from civil lawsuits. Policies usually include employer’s liability insurance, which can help cover legal expenses if an employee blames their employer for an injury. However, the provision in most workers’ comp policies prohibits an employee from suing their employer if they accept workers’ comp benefits.

A workers’ compensation lawyer can help you develop medical evidence to support your claim, file the claim, and represent in the event your claim is denied. Contact an experienced workers’ comp attorney to assist you.

Who is required to have workers’ compensation insurance?

Private employers who regularly have more than three employees must purchase workman’s comp. Even if a private employer only regularly employs one person, if that person works for more than 35 hours per week for longer than 13 weeks during the preceding 52 weeks, they must have worker’s compensation insurance.

Workers’ comp does not cover certain types of workers and jobs. If you are injured on the job and are not sure whether workers’ compensation covers you, talk to an experienced workers’ comp lawyer.

What if your employer doesn’t have a worker’s comp policy?

Beware of employers who claim they don’t have workers’ comp insurance. Research shows that this is typically incorrect and used to discourage claims. Uninsured employers are still responsible for paying workers’ compensation benefits. Employers can be found personally liable if they do not carry the required amount of insurance for worker’s compensation.

The failure to carry workers’ compensation insurance in California is a crime. The penalties include:

  • A stop order will be issued to the business. Businesses that violate the stop order could receive a fine of $10,000 or more and the employer might be imprisoned in county jail for up to one year.
  • A lien may be filed against an employer’s property to pay benefits to an injured worker.
  • The Division of Labor Standards Enforcement might assess penalties that are twice the amount the employer should have paid in premiums during the time they were uninsured or $1,500 per employee.

Suppose a worker is injured and the employer did not have workers’ comp. In that case, the employer could be liable for a penalty of between $2,000 to $10,000 per employee. The maximum penalty is $100,000.

Seek Legal Counsel from a California Workers’ Compensation Lawyer

Your future and your family’s future quality of life depends on your ability to receive the maximum amount of workers’ compensation benefits you are entitled to under the law. KCNS Law Group has over 40 years of combined experience in Workers’ Compensation and Personal Injury.

Our law firm has brought thousands of cases to successful resolutions through settlements and awards. If you experience a problem with your workers’ compensation claim, contact the experienced attorneys at KCNS Law Group by calling (877) 513-9007 or complete our contact form for a free consultation.

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