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Who is Covered By California Workers’ Compensation Law?

By Kenton Koszdin on June 22, 2018 | In Workers Compensation

Who is Covered By California Workers’ Compensation Law?

The process of applying for and receiving workers’ compensation benefits is hardly simple or expedient. The time between application and award is long and arduous, requiring the strict observance of formalities, details, time limits, and other deadlines. Such a process requires the patience and guidance of an attorney like Kenton Koszdin who has helped injured California workers forge through this complex, daunting process for almost two decades.

California Labor Code § 3700 mandates that all California employers must provide workers’ compensation benefits to their employees if it employs one or more employees. Workers’ compensation insurance is part of an employer’s cost of doing business and it cannot ask employees to contribute to the payment of the insurance premium. Employers who don’t self-insure must purchase workers’ compensation insurance from either a licensed insurance company or through the State Compensation Insurance Fund (State Fund).

California Labor Code § 3351 defines those individuals who are “employees” that employers must cover under a workers’ compensation policy. Executive officers and directors of corporations must be included in workers’ compensation coverage, unless the corporation is fully owned by the directors and officers. If so, they may elect to be excluded from workers’ compensation benefits.

If an employer fails to have workers’ compensation coverage, it may be charged with a criminal offense. California Labor Code § 3700.5 makes it a misdemeanor punishable by either a fine of not less than $10,000 or imprisonment in the county jail for up to one year or both. Also, the State of California issues penalties of up to $100,000 against illegally uninsured employers. If an employee gets hurt or sick because of work and an employer is not insured, it is responsible for paying all bills related to the injury or illness.

The Kenton Koszdin Law Office helps injured workers stay on their feet physically and financially. If you have a workers’ compensation claim, please do not hesitate to talk to an experienced workers’ compensation attorney. We help the residents of greater Los Angeles and the San Fernando Valley obtain workers’ compensation benefits! We offer free office and in-home consultations at your complete convenience. Call 800-438-7734 or visit us online. Se habla espańol!

 

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