workers compensation

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Navigating a worker’s compensation claim in California can be challenging, to say the least. It involves a detailed understanding of several statutory schemes and steps along the way. Yet, processing the claim, insurance, and proper documentation can just be the start. Wary employers should carefully consider the labor and employment implications of a worker’s compensation claim.  This complimentary webinar will discuss important topics to help employers manage these laws followed by an extended Q&A, including:

  • What to do and how to prepare Pre-Injury and Day of Injury;
  • What to do upon receipt of first medical report or work status providing restrictions;
  • How to concurrently navigate an employee’s time off of work under workers’ compensation, disability accommodation, and statutory leaves of absence; and
  • What happens when an employee has reached Maximum Medical Improvement with Permanent Disability/Work Restrictions.

Continue Reading WEBINAR: Worker’s Compensation and Employment Law – Preventing Claims from Turning into Employment Lawsuits

Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities.

  1. Worker’s Compensation

    Worker’s compensation is, for the most part, a strict liability system -any bona fide workplace injury, regardless of cause – is covered.Chuck-Post-07_web

The worker’s compensation…

It’s that magical time of year! Time for hot cocoa, warm fires, glad tidings – and office holiday parties! Office holiday parties are a time for co-workers to relax and for employers to show appreciation to employees, all of which builds office morale. Of course, office holiday parties also come with an extra serving of…

In a long-awaited decision, the Florida Supreme Court ruled in Marvin Castellanos v. Next Door Company, et al. that the limitations on attorneys’ fees awarded under Florida’s workers’ Compensation statute violates the due process clause of both the Florida and United States Constitutions. As a result of this holding, attorneys are no longer limited to…

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team.  Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he suffered permanent injuries after being forced to play in a game while he was ill.  Baucham’s lawsuit claimed that he was “forced by Coach Kiffin to play a home game even though Mr. Baucham was very ill and diagnosed by the USC Health Clinic with an influenza-like illness, viral pharyngitis and dehydration.”  After playing in a game against Berkeley, “Baucham suffered from cardiopulmonary damage, as well as brain injury with neurocognitive deficits,” according to the lawsuit.  Baucham alleges that USC and Kiffin violated both the NCAA and USC injury protocol programs when they forced him to play.

This got me to thinking: Now that the National Labor Relations Board has found that scholarship football players are employees under the NLRA, what if Mr. Baucham filed suit against USC as an employee?
Continue Reading Why Employers Should Think Twice Before Making Employees Play Hurt