Farhad Novian | Apr 18, 2024 | Employment Law

According to California Workers’ Compensation Laws, an employer should offer insurance and cover the medical treatment of an employee suffering from a workplace injury.

California’s Workers Compensation Act (WCA) is a collection of civil law statutes that guarantees workers’ compensation benefits for workers. It requires every employer, regardless of the number of employees, to provide worker’s compensation insurance coverage for their employees. Any employee who suffers from a workplace injury or illness is entitled to certain workers compensation benefits, including medical treatment, temporary disability compensation, permanent disability compensation, vocational rehabilitation, and death benefits.

At Novian & Novian, our employer defense attorneys can help you navigate California’s complex worker compensation laws and help you navigate employee injury claims at work. With over 35 years of experience, our professional team of attorneys is well-versed in federal and state employment law and can handle various kinds of workplace injury claims. Reach out to us now for a free consultation!

This blog is a comprehensive guide to employers’ responsibilities in case of work-related injuries in California. We will also discuss preventive measures, workers’ compensation claims, workers’ comp benefits, and the legal consequences of non-compliance.

What is Considered a Work-Related Injury in California

Any injury or illness is considered work-related if it occurs out of and in the course of employment. This means that any injury is considered work-related if it happens while the employee is performing his job duties or caused due to a condition of his employment.

According to NSC, workplace injuries that were medically consulted totaled around 4.53 Million in 2022 and the preventable work deaths rate also jumped from 3.1 per 100,000 workers in 2021 to 3.2 per 100,000 workers in 2022. This jump in work-related injuries and preventable work death rate increases the need for work-related injury awareness in the USA. There are many types of work-related injuries including slips, trips, and falls, repetitive stress injuries (carpal tunnel syndrome), injuries from machinery or tools, chemical burns from hazardous material, and contact with a moving machine.

These work-related injuries can result in damage to the workers’ physical and mental health along with disruption of work and hefty penalties to the employer. Not to mention that work-related injuries can be expensive. It can result in a higher workers’ compensation claim. Thus, it is better to take precautionary measures to prevent on-the-job injury. Proactive safety measures will not only increase employee morale but also save you from legal penalties.

Failing to prioritize your employees’ safety can have serious consequences. You may face hefty fines from the California Division of Occupational Safety and Health (Cal/OSHA). An employer with at least one employee who fails to buy workers’ compensation insurance is violating the California Labor Code and can be charged with a misdemeanor punishable by up to one year in county jail or fines equal to $10,000.

The state can also impose fines of up to $100,000 in such cases, and DLSE (Division of Labor Standards Enforcement) can also impose fines around twice the amount of money that should have been paid for the workers’ medical insurance. The DLSE can also order to shut down the company operations until the workers’ insurance is bought, and non-compliance can be charged as a misdemeanor punishable by 60 days in county jail or fines up to $10,000.

Injury at Work: Employer Responsibilities

In California, it is one of the employer’s responsibilities to carry workers’ compensation insurance premiums, which helps workers injured on the job in several ways. It covers medical bills for doctor visits, surgery, therapy, and medication. If they can’t work due to the injury, they may get temporary disability payments to replace some of their lost wages.

In severe cases, injured workers with permanent disabilities may receive ongoing medical expense benefits. They might even need help finding and training for a new job if their injury prevents them from doing their old one. You can help the worker injured on the job get back to work by giving them easier tasks or changing their job duties a bit until they feel better.

Immediate Actions Post-Injury in the Workplace

The first few minutes after a work-related injury are very important. Here’s what you should do as an employer to make sure your employees get the right care:

• Check on the injured employee and see if they need medical treatment. Call 911 if they need immediate medical attention. 
• Give first aid if needed while you wait for help. This could mean stopping bleeding, raising an injured arm or leg, or putting ice on a sprain.
• Once they are safe, remove everything that could cause more injuries. This might mean turning off machines or removing dangerous things from the area.
• Write down everything you know about the work injury. Include the date, time, location, and what happened. If the injured worker agrees, take pictures of the scene, the equipment involved, and any injuries.

Reporting the Injury

In California, if an employee gets hurt at work, you need to report it to your workers’ compensation insurance company within 3 days, even if they don’t ask for benefits.

You can usually do this online or by phone. The report should include the employee’s information, date, time, and location of the injury, what happened, how bad it is, whether they have received medical care or not, and who saw it happen (if applicable). It’s also important to tell your employees about their rights and give them a workers’ compensation claim form (DWC 1) within a day of the injury or illness.

Workers’ Compensation Claim after Workplace Injury

According to California law, if you are subjected to a work-related injury, you are entitled to receive workers’ compensation benefits including medical benefits (medical facility for the work injury), temporary disability benefits (workers’ compensation for the loss of wages for minor injuries), permanent disability benefits (medical expenses for permanent function loss) and reasonable accommodations for job displacement.

Helping your workers get workers’ comp benefits in California is important. This means telling them about their rights and making sure all the information gets to the doctor network quickly. The employer should also make an employer report documenting the injury in detail and provide it to the employee or employees if more than one. The employer should also help the communication between you, the medical provider, and the insurance company.

Ignoring a work-related injury is against state laws, and the employer may be fined $500 for each time the employer fails to report the injury. For example, suppose one of the construction domestic workers hurts his back because of heavy lifting without the proper training. In that case, this injury qualifies as an occupational injury, and the employer must report it to avoid fines.

If the employee is injured but still can work, an employer must modify their work duties and make accommodations for the injured employee. Following the Stay-At-Work (SAW) and Return-to-Work (RTW) program, the employer should include temporary or permanent accommodations such as a modified schedule, job duties, methods for completing job duties, transitional work, or reassignment to an alternate position to retain valued employees.

Preventative Measures for and Compliance

In California, keeping your workplace safe is a state law. One of the employer’s responsibilities is taking proactive measures and developing workplace safety rules. First, regularly check your workplace for hazards specific to your industry. Get your employees involved in spotting dangers, too. If you are still worried that you will miss some potential hazards then you can consider getting help from the Occupational Safety and Health Administration (OSHA). Cal/OSHA is a part of the United States Department of Labor and was created to ensure safe and healthful working conditions for workers.

Next, train your staff often on safe work practices, proper tool use, and emergency procedures. Provide the right safety equipment for each job, and make sure everyone knows how to use it properly, including how to take care of it.

Regularly checking and fixing equipment, tools, and machinery is important, along with keeping the workplace clean and free of clutter to prevent slips and trips. Regular assessments of equipment and tools can help identify any potential risks and maintain compliance with workplace safety requirements, ensuring a safe working environment.

Legal Consequences of Non-Compliance

The Occupational Safety and Health Administration (OSHA) ensures that a workplace complies with workplace safety regulations. OSHA conducts inspections and if you are charged with a serious violation of the regulations, then you can be penalized for up to $15,625.

Other-than-serious violations are violations that probably wouldn’t cause any physical harm, but they are still considered violations with relatively low fines. Willful and repeated violations are the most severe kind of violations, which can be penalized for up to $156,259, and the government might shut you down until you fix the problems!

But that’s not all. If a worker gets hurt because you didn’t follow the rules, they can also sue you in a lawsuit, a legal process called litigation. These lawsuits can be costly for most employers, even if they win. So, you need to hire the best business litigation attorney to handle your cases and other disputes vigilantly and in your best interest. 

Non-compliance with safety requirements can result in severe penalties, subject to criminal charges and damage to reputation. If you are found non-compliant with workplace safety requirements, you should immediately find and contact the best Los Angeles Employer Defense Practice to help you avoid severe penalties and reputation damage.

Lawsuits and Liability

Statistics show that the average cost for employers to defend an employment lawsuit can be around $75,000 to settle before trial and even more if it goes to civil court. Lawsuits are stressful and drag on forever. Following safety rules from the start is the best way to avoid this trouble. It protects your workers and saves your financial stability.

If you are ever worried about workplace safety regulations or have questions about a potential lawsuit, consult an expert business litigation attorney like Novian & Novian LLP. Our experienced legal team can assist you with the legalities and ensure successful outcomes in your favor.

Want to Mitigate the Risks of Workplace Injuries?

This blog helps California employers handle work-related illnesses or injuries. We talked about what to do after accidents, workers’ compensation, and how to prevent injuries with safety rules. Following the rules keeps your work environment safe and your business running smoothly!

Need help with safety questions or workers‘ compensation laws? Novian & Novian LLP can help! We are one of the best business litigation lawyers, Los Angeles with a proven track record of success in business litigation. Our legal team of experienced attorneys understands the challenges you face and provides customized solutions. 

Call us today for a free consultation and peace of mind! With Novian & Novian LLP on your side, you can run your business efficiently while we handle the legal complexities.