Yes, California law requires all employers to have coverage for their California employees. An employer can buy it from a licensed insurer. They can also choose to self-insure, if they meet the requirements set by the Department of Industrial Relations (DIR).

It is a criminal offense for an employer to be unlawfully uninsured regardless of whether or not an employee is injured. California Labor Code Section 3700.5 specifies that it is a misdemeanor punishable by either a fine not less than $10,000 or imprisonment in the county jail for up to one year, or both. In addition, the state issues penalties of up to $100,000 against illegally uninsured employers. If an employee is injured, the employer is responsible for paying all benefits and may be subject to additional liability.

Generally, insurance is optional for any business where the only employees are owners of the business. Consult your insurance agent or your attorney for your options.

Determining whether or not you are covered by workers’ compensation can sometimes be complicated. Generally, there are two main factors that determine your status: first, whether you are an employee, and second, whether your injury occurred as a result of your employment. It should be noted that neither of these factors is an absolute guarantee that you will be covered by worker’s compensation. For example, depending on the rules in place in your state, some employees (such as agricultural workers) are not covered by worker’s compensation. Also, if you were intoxicated at work or intentionally injured yourself, you might not be covered by worker’s compensation. When in doubt, you should contact an experienced worker’s compensation attorney, who can advise you of your rights

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The answer to this question is “maybe.” If the return to work enables the employee to receive wages equal to or greater than he or she was earning prior to the injury, then it is likely benefits will be stopped. If, however, the employee is still experiencing a wage loss due to his or her injury, he or she may continue to receive wage loss benefits, although the benefits will most likely be for a lesser amount.

No. Although most injuries are covered by worker’s compensation, that does not mean that employees have free reign to injure themselves, or act in any manner in which they choose, and then collect benefits. Generally, if an employee sustains injures as a result of intoxication or illegal drug use, benefits may not be payable.

The answer to this question will depend on the laws in your particular state, and the facts of the specific case. Generally speaking, if the injury “arises out of” and occurs “within the scope of employment,” it is covered. For example, if an employee is a traveling salesperson and is injured in the hotel where he or she is staying for business purposes, compensation may be appropriately paid.

Similarly, if an employee is running an errand that takes him or her outside of the workplace, at the request of the employer, compensation benefits may be payable if an injury occurs in the course of running that errand. If the employee is on a business errand, but has stopped or deviated from that errand for personal reasons, then a closer examination of the rules and facts is necessary.

Finally, employees injured while attending an employer-sponsored recreational event, like a company picnic or outing, may be able to receive worker’s compensation benefits even though they were not physically on the employer’s premises at the time of the injury.

It’s not often necessary to file a lawsuit against your employer for workplace injuries, and it may in fact disqualify you from collecting workers’ compensation benefits. But it never hurts to speak with an attorney if you have questions about your injury, whether it’s covered, what is considered reasonable compensation, etc. Contact David Huete’s Office today!.