California workers’ compensation law imposes requirements on employers both before and
after a workplace injury or illness has occurred. Meet with a Bay Area workers'
compensation attorney if you believe your employer has violated the workers compensation law.
Before a workplace injury or illness occurs:
Every employer must obtain
workers' compensation insurance or must qualify to become self-insured. Failure to have
workers compensation insurance is a misdemeanor punishable by a fine of up to $10,000, up to one
year in the county jail, or both.
The employer is responsible for paying its
employee’s bills if its employee gets hurt or sick and it is not insured. An employer
also may file a claim for benefits with the Uninsured Employers’ Benefit Trust
The employer must provide to all new employees a copy of a workers compensation
pamphlet that explains the employee’s rights and responsibilities.
The employer must
post a “notice to employees” poster, which sets forth information about workers
compensation coverage and where to get medical care. The employer’s failure to post the
notice is a misdemeanor subject to a civil penalty of up to $7,000 per violation.
a workplace injury or illness occurs:
If an employee is injured or becomes ill, the
employer must give the injured employee a workers' compensation form within 24 hours of reporting
the injury or illness.
The employee then must complete his or her part of the form.
Once it receives the form from the employee, the employer must submit the completed form and its
injury report to the insurance company within 24 hours of receipt. The employer also must
provide a copy of the completed form to the employee.
Within one day of the employee’s
delivery of the claim form, the employer also must authorize up to $10,000 in medical
treatment. The employer must provide light duty work, when appropriate.
employer does not meet the requirements of California workers compensation law, the employee should
contact an information and assistance officer at the Information and Assistance Unit of the Division of Workers' Compensation.
The Information and
Assistance Unit provides assistance to employees, employers, insurance companies, and others about
their rights, benefits, and obligations under California workers compensation law. The purpose of the Unit is to
reduce litigation before the Workers Compensation Appeals Board.