HR LibraryWorkers' Compensation

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Covered Injuries

You must provide compensation for any employee injury or death that results from employment or occurs on the job, without regard to negligence. You must provide compensation when:

An employment relationship exists.
The employee is acting within the course of employment, performing services arising out of and incidental to employment at the time of injury.
The injury is legally caused by the employment, either with or without negligence.

Covered Injuries OverviewCovered Injuries Overview
For purposes of workers’ compensation, an injury is deemed to be job-related when it meets certain criteria.

Types of Injuries CoveredTypes of Injuries Covered
Work-related injuries are not all simple slip-and-fall injuries. There are various types of injuries.

Exclusive Remedy for Workplace InjuriesExclusive Remedy for Workplace Injuries
Workers’ compensation is the exclusive remedy for work-related injuries.

Exclusions From Workers' Compensation CoverageExclusions From Workers' Compensation Coverage
In some cases, an employee could be disqualified from receiving workers’ compensation benefits even if the employee was injured on the job.

Employee Injuries While CommutingEmployee Injuries While Commuting
Employees are not covered by workers’ compensation while “going and coming” to and from work unless specific circumstances apply.

Aggravation of a Previous Injury or IllnessAggravation of a Previous Injury or Illness
You may be responsible under workers’ compensation benefits for an injury to an employee if that employee’s prior non-industrial medical condition was aggravated by his/her employment.

Injuries to TelecommutersInjuries to Telecommuters
Telecommuters/remote workers are covered by workers’ compensation.

Injuries Outside the WorkplaceInjuries Outside the Workplace
Under certain circumstances, workers’ compensation may cover injuries incurred outside the workplace, even in an employee’s home.

Injuries Caused by Employee MisconductInjuries Caused by Employee Misconduct
Labor Code sections 4551 and 4552 provide for a 50 percent reduction in benefits if a court finds that the employee’s serious and willful misconduct caused the injury, except under certain circumstances.

Injuries Caused by Employer MisconductInjuries Caused by Employer Misconduct
Labor Code sections 4553 and 4553.1 provide for a 50 percent increase in benefits, together with costs and expenses not to exceed $250 in situations where the employee is injured by the serious and willful misconduct of the employer.

Multiple Injuries and ApportionmentMultiple Injuries and Apportionment
Workers’ compensation law holds employers liable only for the portion of an employee’s disability that was directly caused by the current work-related injury.

Workers’ Compensation Exceptions for Emergency PersonnelWorkers’ Compensation Exceptions for Emergency Personnel
Generally, the concept of medical apportionment assigns a percentage of the work-related injury to the work itself and the remaining percentage to other nonindustrial factors or prior injuries.

Death BenefitsDeath Benefits
Where the death of an employee results from an industrial injury, death benefits are payable to the qualifying dependents.

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