Workers Compensation Attorney
Q. What the employer's responsibilities under California workers' compensation laws?
A. Your employer's responsibilities start before an injury even happens, your employer must:
Purchase a workers' compensation insurance policy or apply to become self-insured
When hiring new employees in California, your employer must provide a workers' compensation booklet that explains in detail the employee's rights and responsibilities
Post a workers' compensation poster in a location where all the employees can see it.
After an injury on the job, your employer must:
Provide a workers' compensation claim form to the injures employee within one working day immediately after a work-related injury
Return a completed copy of the claim form to the employee within one working day of receipt
Send the claim form, along with the employer's report of the work injury to the workers' compensation claims administrator within one working
Within one day of receiving your work injury claim, authorize up to $10,000 in medical expenses to treat your work injury
Provide any type of work accommodations so the employee can work while being treated.
If you are the victim of a crime that happened on the job, your employer must provide you with a notice of workers' compensation eligibility within one working day after the crime occured.
Q. Is my employer allowed to take part of my paycheck to cover workers' compensation premiums?
A. No. Workers' compensation insurance is part of the cost associated with doing business. Your employer cannot ask employees pay for the insurance fees.
Q. Isn't there supposed to be a workers' compensation notice posted at my workplace?
A. Yes. Your employer must post the workers' compensation notice to in a visible place where all the employees can see it. This poster provides employees with information on workers' compensation coverage and where to find help in the event of an injury. If your employer fails to post this notice it is considered a misdemeanor that can result in a civil penalty of up to $7,000 per violation.
Q. What happens if my employer is does not have workers' compensation insurance and I'm injured on the job?
A. If this is the case, your employer is breaking the law. Failing to have workers' compensation insurance is a misdemeanor punishable by either a fine of up to $10,000 or imprisonment in the Los Angeles county jail for up to one year, or both. Additionally, the state of California issues penalties of up to $100,000 against employers who fail to provide workers' compensation insurance to their employees.
If you have a work-related injury and your employer does not have workers' compensation insurance, your employer is responsible for paying all bills associated with your injury.
If your employer fails to provide you with workers' compensation insurance and you have a work-related injury, you have the right to file a civil action against your employer. After filing a civil lawsuit against your employer you can still file a workers' compensation claim.
Your workers' compensation attorney can file a claim on your behalf with the state's Uninsured Employers' Benefit Trust Fund (UEBTF).
Q. How does the Uninsured Employers' Benefit Trust Fund work?
A. The UEBTF is a special department within the Division of Workers' Compensation that may pay benefits to injured workers who get injured on the job. The UEBTF goes after employers for reimbursement of all medical bills associated with your work injury.
Additional information: When to consult with a brain injury lawyer