What Exactly Is Workers’ Compensation Law In California? What Are An Employee’s Rights Under This Law?
Worker’s compensation laws are a set of rules that are found in the California Labor Code which govern and preside over employment-related injuries and illnesses in the state of California. An employee who gets injured on the job has a right to file a claim and to receive benefits, such as medical care and other monetary payments, to compensate them for their injuries.
How Many Industries And Sectors Are Generally Covered By Workers’ Compensation Law In California?
Generally speaking, California workers’ compensation law would provide protection for injured employees against employers in any type of industry, whether it be in a public or private sector. All employment-related injuries are covered, regardless of what industry or sector an employee works in, but there are certain exceptions. If a federal employee gets injured on the job, then there are special federal workers’ compensation laws which would preside over that case.
Are All Employers Required To Carry Workers Compensation Insurance In California?
Workers’ compensation is mandatory for all employers, except when the employer is the state of California. Failure to obtain workers’ compensation insurance can result in serious consequences, including penalties and fines. The only other option for an employer in lieu of obtaining the workers’ compensation insurance is to apply for self-insured status. Self-insured status is very difficult to achieve and it must be approved by the Director of Industrial Relations. It is generally reserved for large companies and government entities.
What Is A Compensable Injury Under California Workers’ Compensation Law?
A compensable injury is a work-related injury to an employee that entitles them to receive compensation in the form of workers’ compensation benefits. In California, in order for an injury to be compensable, the injured worker must be an employee and their injury must arise from employment during the course of employment.
When Does An Injury “Arise Out Of Employment”?
In order for an injury to rise out of employment, the injury must be caused by or linked to employment in some fashion. It must have been factually and medically caused by an incident at work or due to a cumulative trauma from an employee’s repetitive work activities.
What Is The Meaning Of ‘In The Course Of’ As It Refers To A Workers’ Compensation Injury?
An injury that occurred in the course of employment means that the injury took place while the injured employee was on the job or performing duties that are related to employment. This generally depends on the time, place, and circumstances of the incident that caused the injury.
What Happens If The Employee Is Partially At Fault For The Incident That Caused His Or Her Injuries?
In California, workers’ compensation benefits are part of a no-fault benefits system. This means that an injured worker does not have to prove that their employer’s negligence or wrongdoing caused their injury. In order to receive benefits, the worker must only prove that the injury arose out of employment during the course of employment. Generally speaking, employees can receive workers’ compensation benefits even if they cause their own injury during the scope of employment. There are certain exceptions, however, where an employee can cause their own injury and not be able to receive work benefits. If the employee’s injury was caused by their own horseplay, if they were the initial aggressor in a fight that caused their injury, or if they were intoxicated at the time of the injury, that would prevent them from receiving workers’ compensation benefits.
Does An Injured Worker Have To Be Injured At His Or Her Physical Place Of Employment To Qualify For Workers’ Compensation?
Generally speaking, a worker can still qualify for workers’ compensation benefits even if they get injured outside of their physical place of employment, as long as they were acting in the course and scope of their employment. This means they were performing their job duties and were getting paid for it.
What Is The Coming And Going Rule Of Workers’ Compensation Law?
The coming and going rule generally states that if an employee is in the process of going to work or coming home from work, then he is not considered to be in the course of employment. Therefore, if an employee gets injured while commuting, they may not be covered by workers’ compensation.
For more information on Workers’ Compensation, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 937-9255 today.
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