In this episode of The Workplace podcast, CalChamber Associate General Counsel Matthew Roberts and Employment Law Subject Matter Expert Vanessa Greene discuss several important considerations employers face when navigating workers’ compensation claims in California. From what to do when a workplace injury occurs to how to work with ongoing workers’ compensation claims, employers can have difficulties managing workers’ compensation issues.
Workers’ compensation is a no-fault insurance system that covers employers, employees and work-related injuries. All California employers with at least one employee must have workers’ compensation insurance, which covers all company employees, but not independent contractors.
Which workplace injuries are covered is one key question employers have. For example, Greene describes a situation where an employee was told never to touch or use a nail gun but ended up shooting a nail through his hand when he picked up a nail gun. The workers’ compensation system can be broad and protective — even when an employee breaks the rules, the injury still may be covered by workers’ compensation.
Determining whether workers’ compensation covers an injury can get tricky. As an example, Roberts and Greene discuss a recent California Court of Appeal decision about whether workers’ compensation covered a worker injured while riding in a coworker-run vanpool on their commute home. These gray-area type situations can be confusing for employers.
In addition to workers’ compensation coverage, Roberts and Greene discuss other common workers’ compensation questions, including:
- What an employer needs to do when they are notified about or discover a workplace injury;
- How to handle situations where an employee doesn’t want to seek medical treatment;
- How to pay employees for their time seeking medical treatment on either the day of the injury or during subsequent follow-up appointments;
- What to do when an injured employee is unable to work for a significant length of time; and
- Practical tips for employers to follow when there is a workplace injury at their worksite.
Finally, Greene emphasizes, it’s important for employers to work closely with their workers’ compensation claims administrator.
CalChamber members can read more about What To Do When an Injury Occurs in the HR Library on HRCalifornia.
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