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What is California’s Workers’ Compensation Law?
The workers’ compensation system began as a bargain between workers and employers. Employers provide no-fault insurance against workplace injuries and, in return, are not subject to lawsuits that could be filed by employees who get hurt or sick because of work.
- Medical care: Prompt and effective medical treatment
- Temporary disability benefits: Payments employee receives if they can’t work while recovering
- Permanent disability benefits: Payments employee receives if they don’t recover completely
- Supplemental job displacement benefits: Vouchers to help pay for retraining or skill enhancement if employee doesn’t recover completely and doesn’t return to work
- Death benefits: Payments to employee’s children or other dependents if employee dies from a job injury or illness.
Who is covered?
California law requires employers to have workers’ compensation insurance, even if they have just one employee. Employers should shop around for an insurance carrier that best meets their needs. Cost is one consideration, but other factors include services provided, ease of access to claims adjusters and the doctors in the network.
- Failing to have workers’ compensation insurance is a criminal offense
- Employees cannot pay or offset the cost of the policy
- Benefits cover all workers, including part time employees
- It’s illegal to punish or fire an employee for filing a workers’ compensation claim.
What should an employer do if an employee is injured?
- Provide a claim form (DWC form 1) within one working day of finding out about an injury or illness
- Complete employer portion of the returned claim form and give a copy to the employee
- Complete form DLSR 5020 and send to the claims administrator within five days of knowing about the injury or illness
- Stay involved and maintain an open dialogue with the employee – don’t assume the claims administrator is taking care of everything.
Who pays benefits?
Benefits are paid by the employer or the employer’s workers’ compensation insurance carrier. If an employee gets hurt or sick because of work and you are not insured, you are responsible for paying all bills related to the injury or illness. You should be aware that workers’ compensation benefits are only the exclusive remedy for injuries suffered on the job when you are properly insured. If you are illegally uninsured and an employee gets sick or hurt because of work, that employee can file a civil action against you in addition to filing a workers’ compensation claim.
Summarized Facts about California Workers Compensation:
- Is Worker’s Compensation Mandatory? Yes
- Employee Exceptions: None.
- Waiting Period For Workers Compensation Benefits: 3 days
- Employee Compensation is retroactive if disability continues for what length of time after injury? 14 days
