FAQ: Workers’ Compensation in Solana Beach & San Diego, CA

ARENDSEN BRADDOCK LAW | EXPERIENCE MATTERS

The team at Arendsen Braddock Law is here to help you if you’ve been injured on the job and are facing a workers’ compensation case. There are many case considerations when determining the outcome of a workers’ compensation lawsuit, and we want to help you understand the basics. Start by reading our FAQs about California workers’ comp laws then contact our team to get a free initial consultation!

What is workers’ compensation?

Workers’ compensation is a no-fault system that injured employees can turn to if they’ve been hurt on the job or in the workplace.

What are California’s workers’ compensation laws?

All employers in the state of California who employ one or more employees must provide workers’ compensation benefits under Labor Code Section 3700.

How do you determine who is at-fault in a workers’ comp case?

Determining at-fault parties means you must provide proof of negligence. If you’ve slipped and injured your back from water on the ground, was it because the employer did not fix a leaky roof? Or was there a 3rd party company performing cleaning services and didn’t put a sign up for a wet floor? These are questions to ask when determining at-fault parties.

Can other companies be at-fault for a workers’ compensation claim?
Yes! If your employer hires another company into the workplace and that 3rd party was the reason you were injured, you could be eligible for a negligence claim.

Which types of businesses have the most workers’ compensation claims?
According to a safety management report in 2019, health care and social assistance, followed by manufacturing and other construction jobs were the most common businesses involved in workers’ compensation claims.

Can I sue my employer for workers’ compensation?
You cannot sue your employer for workers’ compensation so long as they offer workers’ compensation. To make sure you get your benefits right away, you should report the accident to the company immediately and file necessary forms. Waiting any longer could delay your case or create holes in your case.

What is the Statute of Limitations for filing a workers’ comp case in California?
You must file your workers’ compensation claim within one year from the date of your job-related injury or job-related illness before losing your right to file.

When can I file for a workers’ compensation lawsuit?
If your employer denies your claim or does not have workers’ compensation protection, you can take them to court, especially since it is required by law to provide workers’ compensation. Workers’ compensation is meant to protect employees and employers, though, you are still able to sue liable parties in the case of intentional harm and gross negligence or third-party liability.