Has Your Employer Violated the Workers’ Comp Laws?

James Edward Vandersloot's Workers Compensation Legal Blogs

Licensed for 37 years

Attorney in Richmond, CA

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 Fund.
  • 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.

After 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.
  • If the 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.

Larson, Vandersloot & Rivers – Bay Area Workers’ Compensation Attorneys

3220 Blume Drive, Suite 225
Richmond, CA 94806
(510) 374-4217

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.

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