What is Workers' Compensation?

Workers' compensation is a state-mandated insurance program that provides benefits to employees who suffer injuries and illnesses at work, or in the course of work. Each state has its own laws and programs for workers' compensation.

A work-related injury is any injury that was caused by your employment, or happened at your place of employment while working. In addition to workplace accidents, illnesses that occur as a result of working are also eligible for workers' compensation benefits.

California has a no-fault workers’ compensation system. This means that workers can not sue their employers in court, and in return, employees don’t have to prove that their employer was at fault for the injury–just that the injury was work-related.

Who is required to carry workers’ compensation insurance?

In California, all employers must purchase workers’ compensation insurance, regardless of the number of employees, and they are required to pay benefits to injured employees. Additionally, California law requires employers to carry workers’ comp insurance for employees who regularly work in California, even if the business is headquartered in another state.

How many hours an employee works does not affect his or her entitlement to workers’ compensation. California law presumes anyone who works for an employer to be an employee, whether you work full or part-time.

Who pays injured workers?

California employers must purchase workers’ compensation insurance from one of the many licensed insurers in the state, or from the State Compensation Insurance Fund (SCIF). When a worker suffers a work-related accident or becomes ill due to job conditions, the insurance company pays for the employee’s medical treatment, lost wages, and may be required to provide compensation for a permanent impairment and job retraining.

If a worker is injured and the employer was not properly insured, California’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will pay worker’s compensation insurance benefits. The UEBTF will then attempt to recover the money from the illegally uninsured employer.

Do I have to be injured at my workplace to be covered by workers' comp?

No. As long as your injury is job-related, it's covered by the workers’ compensation system. For example, you are still covered by workers’ comp. if you are injured while traveling for business, performing a work-related errand, or attending a required business-related social function.

Generally, any employee that suffers a work-related illness or injury is eligible for workers' compensation benefits, regardless of who was at fault—the employer, the employee, a coworker, a customer, or some other third party. However, there are some limits. Learn more about what does and doesn't count as a work-related injury or illness.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.