Workers’ compensation is a state-mandated insurance program. Workers Compensation in California gives your employees benefits when they are acutely injured, develop an injury or contract illnesses at the workplace. It pays for the worker’s medical expenses and rehabilitation costs. Besides, workers’ comp can also provide partial lost wages if the employee is forced to miss work due to the injury. Also, workers comp offers death benefits if an employee is killed while performing a job-related duty.
No. Most injuries that happen in the “course of employment” are covered — as long as your injury is job-related, it’s covered. For example, you will be covered if you are involved in a car accident while driving for business or doing a work-related errand.
The simple answer is that generally all injuries and illnesses that occur while you were doing something on behalf of your employer or otherwise in the course of employment. When a work-related injury or illness occurs, California workers’ compensation benefits should help you. Most injuries that classify as work-related are those that occur at the workplace. However, California Workers’ comp insurance also covers off-site work activity or job-related travel
In most situations, injured employees receive California workers’ compensation insurance, no matter who was at fault for the injury. Also, Working Comp in California precludes an employee from suing his or her employer for the injuries covered.
Although workers’ compensation covers most job-related injuries, there are a handful of exceptions. This means that there are instances when injuries and illnesses suffered by eligible employees are considered to fall outside the course and scope of employment. Generally, workmans’ comp doesn’t cover Injuries from alcohol intoxication or illegal drug use. Below are a few exceptions of incidents where workman’s comp insurance would not provide coverage.
Additionally, workers are not eligible for workers’ compensation benefits for injuries or illnesses resulting from the following situations:
Usually, no. California workers’ compensation laws establish what is known as “employer immunity.” This law provides a trade-off, meaning employers must pay workers’ compensation benefits regardless of fault, but, in exchange, they are immune from most employee personal injury claims.
While employees generally cannot sue their employers for work-related injuries, there are exceptions to employer immunity or situations that would usually allow injured employees to sue their employers outside of the workers’ compensation. So, when can you sue your employer?
Workers’ compensation does not cover certain types of workers and jobs. That said, states commonly exclude some workers from coverage, such as:
California worker’s comp is designed to provide medical care and income benefits to injured employees. In addition, it protects employers from lawsuits resulting from workplace injuries. California Labor Code Section 3700 mandates all California employers to provide workers’ comp benefits to its employees. Failure to have workers’ compensation insurance means that the employer is open to liability in a regular court of law. However, some employers may not have workman’s compensation insurance.
Not carrying workers’ compensation insurance is a serious matter in California. The injured worker can sue the employer in civil court. If found guilty, the court may penalize the employer by having to pay for the injured worker’s medical bills, lost wages, and pain and suffering. Also, failure to obtain workers comp is punishable by imprisonment of up to one year in the county jail and fines of not less than $10,000 up to $100,000.
In the case of an employer does not have the funds to pay the injured worker’s benefits, the Uninsured Employers Benefits Trust Fund (UEBTF) will pay the workers’ compensation benefits. An injured worker must request the UEBTF to pay benefits if the employer cannot. These are the requirements needed to send to the UEBTF: