Virtually all employees in California are covered by worker’s compensation insurance. While sole proprietors can choose to exclude themselves from coverage, most employers are required to provide workers comp insurance in California for their employees.
Workers comp insurance in California is designed to protect the people who work in the state as well as the business owners and employers. The program encourages employers to provide a safe work environment and institute safety programs in the workplace throughout the year.
Workers comp insurance in California also protects employers from the liability of being sued by an employee who is injured on the job. Since every state is different and governs its worker’s comp program individually, here are 5 facts you should know about workers’ comp insurance in California.
California is a No-Fault State
Workers comp insurance in California is a no-fault structure, so the fault is not assigned in a general on-the-job accident the same way it might be in another state. This no-fault structure means that employers agree to pay worker’s comp claims in California regardless of the fault of the accident. The only exception to this rule is when drugs or alcohol play a part in the accident.
All Employees Are Covered
Workers comp insurance in California is designed so that all employees are covered regardless of the length of time on the job. Employers are required to give all new workers a worker’s compensation brochure when they are hired and employees are covered from the first day of work. Part-time, full-time, and seasonal workers are also covered by workers comp insurance in California when they are on the job.
Statute of Limitations
Workers comp insurance in California dictates that workers must report an on-the-job illness or injury to their employer within 30 days. There is a protocol for both workers and employers to follow to get a worker’s compensation insurance claim approved in California.
Some injuries are not always immediately apparent, like carpel tunnel syndrome. These types of injuries are called cumulative trauma. The statute of limitations for cumulative trauma is 1 year. The clock starts at the onset of symptoms or at a reasonable time when the employee should have known they were injured.
Citizenship Not a Factor
Undocumented workers are eligible to file a claim for workers comp insurance in California. Immigration status is not a factor. Workers comp insurance in California does not require workers to be United States citizens to claim benefits. Non-citizens working in California can also qualify for workers comp insurance in California.
Workers comp insurance in California claims is typically accepted or denied within 90 days or less. If employees have not received notice of approval or denial of their claim within 9 days, then it is generally assumed that the claim is approved.
If the claim is denied, workers can appeal the decision. Many times, this is when they will seek the counsel of a worker’s compensation attorney. A denied claim for workers comp insurance in California isn’t always the final answer.
When a workers comp insurance in California claim is approved, it covers necessary medical expenses incurred from the on-the-job accident. Many do not realize this also includes mileage reimbursement to and from all doctor’s appointments. Mileage for all medical treatments relating to the accident at work is eligible for reimbursement and this includes mileage to pick up required prescription medications.
Workers Comp Insurance in California
Workers comp insurance in California is designed to keep the workplace safe. It encourages safety programs and gives workers the peace of mind that medical expenses and lost wages will be paid in the event of an on-the-job accident. It is important to follow the approved protocols when submitting a workers’ compensation insurance claim in California and you should receive an answer within the 90-day window. Workers comp insurance in California is one of the largest social benefit systems in the world.
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