Workers' Compensation Law

Understanding San Francisco Bay Area workers' compensation law insurance matters

According to California workers' compensation law, every employer must carry workers' compensation insurance—even if they employ only one person.  Failing to have this insurance is considered a criminal offense, which can result in severe penalties, including steep fines and jail time. 

If a worker from your company is injured on the job, this insurance provides the following basic benefits:

Workers' compensation laws are designed to protect both the employee and the employer.  Employees who are injured on the job are ensured compensation for their medical costs and time lost from work, and employers are protected from being sued when an employee is injured. In addition, employers may not be forced to pay for pain and suffering or emotional distress damages. 

Many factors contribute to how much employers pay in insurance premiums, including the type of industry they are involved in and their company’s past history of accidents.   Generally, your insurance rates will increase after an accident claim is made and paid out by your insurer to a worker.  Compensation laws state that an employer may not ask employees to help pay for the cost of workers' compensation premiums.

Injuries not covered

Fault for the accident is typically not taken into consideration under workers' compensation law.  Whether or not the worker was responsible for his or her accident, the employee must still be compensated.  However, employees may not be compensated for injuries that occur under the following circumstances:

• An injury that occurs during off-duty work-sponsored social or recreational events, unless the employer requires participation
• An injury that occurs while an employee is traveling to or from work, unless the employer asks the employee to perform a special task on the way or if the employee is paid for the commute time
• An injury that occurs during work breaks while no work is being performed (under some circumstances)
• An injury that occurs when the employee is intoxicated while on the job or if the injury is willfully self-inflicted
• An injury that results from “horseplay” with another employee, unless the employer is aware of and condones this behavior

A defense attorney from the Bay Area workers' compensation law firm of McClellan & Corren can give you additional information regarding whether your company is required to pay for an injury a worker has suffered under other circumstances.

Contact our Bay Area workers' compensation law firm to build your defense

California workers' comp laws can be very complex, and it is important to make sure your company is protected should a dispute arise.   The experienced San Francisco Bay Area workers' compensation defense attorneys at McClellan & Corren can give you the personal attention and support you need to ensure that all your legal needs are attended to promptly and completely. 

To learn more about our services or to schedule a consultation with one of our defense attorneys, contact McClellan & Corren, A Law Corporation, today.  We represent clients in all Northern California courts, including San Francisco, Oakland, Santa Rosa, San Jose, Salinas, Sacramento, and Stockton. We also service Redding, Chico, Fresno, and Bakersfield.