Furthermore, the tendency for employers to misuse their power has been a familiar problem for employment lawyers. But it is an important issue, which is highlighted and exacerbated by the current pandemic. Many employers are responding to COVID-19 either by (i) keeping their businesses open and running as far as possible and (ii) cutting costs by any means available. Even though these actions are legitimate, they both come with increased risks of employers abusing their power with the aim to shift the burdens and costs of the COVID-19 pandemic on their workers.

It is understandable that employers want to keep their business open and operating as close to normal as possible. Despite introducing a general lockdown, the California labor law expressly permits people to leave their homes to work where it is not ‘reasonably possible’ to work at home, and the ban on gatherings of two or more people does not apply where these are essential for work purposes. In this time of crisis, it is important for all California employees to understand their rights in the workplace and to know where to turn to if those rights are violated. This post, therefore, focuses on the employee’s employment rights during COVID-19 beyond the statutory health and safety obligations.

EMPLOYEE RIGHTS

It is generally a breach of an agreement for an employee to fail to turn up at their workplace and perform their job, as they would do normally. It may lead to dismissal or corrective action. However, the COVID-19 coronavirus pandemic has altered this basic position in quite a lot of ways. California employers who require their employees to come to work may themselves be breaching the implied duty of confidence and trust owed to their employees, or their duties of care in the contract provided there is one. Whichever way, employees can resign and pursue a constructive claim for dismissal, partially because of the difficulty they may face in finding new work during the crisis.

RIGHT TO A SAFE WORKPLACE

Subject to the California Occupational Safety And Health Act, employees have the right to a safe workplace. Your employer is required to take reasonable steps to ensure your workplace is free from any serious and imminent danger during the Covid-19 coronavirus pandemic, and that includes:

• Performing a COVID-19 risk evaluation
• providing and enforcing the use of face masks, hand sanitizer and other PPE suitable for your workplace
• Introducing social-distancing measures like work station rearrangement, staggering schedules; and thoroughly cleaning and disinfecting the workplace, particularly high-touch objects and equipment.
• Regular adherence to guidance issued by the government.

If you belong to the vulnerable groups of employees, or your employer cannot guarantee most of the safety measures mentioned above and you believe you are in great danger if you return to work, then you have the right to stay at home. You are also free from reprisals or any disciplinary action or pay cuts, which are illegal under the California labor law.

RETURNING TO WORK AND EXPOSURE TO COVID-19

As California is gradually easing the lockdown, most businesses are also putting things in place for employee’s safe return to work. Employees that return to work to comply with their employer’s instruction may be exposed to catching COVID-19, and the employers to a criminal sanction.

What if an employee gets COVID-19 coronavirus on their job and believes it was their employer’s fault. Is it possible for the employee to sue their employer for compensation? With just a few exemptions, California workers who contracted COVID-19 at work cannot sue their employer for the losses arising from their illness (including suffering and pain) in any civil court. Often times, the employee will only be restricted to pursuing relief through a workers’ comp claim.

EXCEPTION TO WORKERS’ COMPENSATION CLAIMS

The exceptions to the workers’ compensation claim are when you were injured or ill because of your employer’s deliberate wrongdoing, severe and willful misdemeanors, contrary to mere negligence. In this case, you may sue your employer outside of the workers’ compensation system.

To prevail on such a claim, the infected worker would have to prove that the employer maliciously engaged in such misconduct. Mere opening up for business after the California government has said it’s okay may not amount to willful misconduct – but opening before that might. Furthermore, employers may face a greater liability risk under such a claim if they carelessly and maliciously fail to provide necessary protective equipment or enforce social-distancing or hygienic guidelines.

THE EXECUTIVE ORDER

In the Executive Order N-62-20 signed on May 6, 2020, California Gov. Gavin Newsom mandated a conjecture that “a worker’s COVID-19-related illness or injury shall be assumed to stem out of the workplace for the purpose of awarding workers’ compensation benefits if some requirements are satisfied”. Under the executive order, the presumption only arises if the worker tested positive for COVID-19 coronavirus or was diagnosed by a qualified doctor as having the disease within 14 days of resuming to work as directed by the employer or at the employee’s place of employment. The presumption does not arise if the employee works from home during that timeframe, or if the worker was otherwise off duty on or after March 19, 2020.

The existence of a presumption does not mean the source of the employee’s infection is undisputable. On the contrary, the executive order confirms that the presumption “may be refuted by other evidence”. Although there probably won’t be a rash of employee lawsuits related to COVID-19, it can be very tricky to establish the basic causative links between the employers’ breach and the employee catching the virus. Therefore, most claims related to the coronavirus may be covered by workers’ compensation, but would usually specify that the employee was exposed to the virus at the workplace and became sick, unable to work, and require medical attention and treatment. Moreover, employees can receive benefits for a work-related illness or injury quickly without having to prove that their employer was at fault. If the employee has paid sick leave benefits exclusively available in response to COVID-19 coronavirus, those benefits should be used before any workers’ compensation benefits are collected.

If you contracted COVID-19 at work or you feel you have good reasons to sue your employer because of their conduct about the COVID-19 pandemic, I would suggest that you consult an experienced employment attorney. United Employees Law Group will explain your options for seeking compensation for the losses you have suffered—whether from contracting the disease at the workplace or from taking steps to prevent it.

WRONGFUL TERMINATION FOR “WHISTLEBLOWER”

Employees that are concerned about safety in their workplace have the right to speak up without fear of retaliation. This is known as whistleblower protection. But if an employee is fired or dismissed due to circumstances where they have raised a health and safety concern or complaint, for instance;

• On the lack of Personal Protective Equipment (PPE) that they consider appropriate for your role (to limit the spread of COVID-19),
• On working in hazardous conditions,
• In violation of stay at home orders or of physician’s orders – then this may be an automatic wrongful termination.

The California labor law prohibits an employer or any person acting on behalf of your employer from wrongful termination or retaliating against their employees for acting as a whistleblower. If having raised a health and safety concern the employees are subjected to unfair treatment from their employer or any person acting on behalf of the employer leading to discrimination/harassment and employment termination, then the employee may have a right of action.

LAYOFF

Laying off an employee is different from firing an employee. Subject to the California labor law, employers are prohibited from firing an employee because they are sick or have COVID-19 or other medical conditions. However, if the employer has no work for the employee, or there is less work than usual or wants to cut costs, the employer may decide to lay off some employees (both sick and healthy).

Laying off workers is one of the toughest decisions for a company and most likely to land an employer in legal trouble. Before laying off workers, employers must have carefully considered different alternatives and set criteria for which employees to lay off. To ease the pain for employees that have been relieved of their employment, they have the right to apply for the new COVID-19 Pandemic Unemployment Benefit.

SICK AND LEAVE PAY

Employees showing symptoms of COVID-19 have the right not to go to work. While they are sick with COVID-19 coronavirus, the employee may be entitled to statutory sick pay from their employer. This is also paid to employees who are self-isolating because someone in their home displays symptoms of COVID-19, or they decide to stay at home due to a high risk of severe illness from COVID-19. The statutory sick pay takes effect from the first day that an employee is self-isolating, provided it is part of the employee’s contract of employment. Otherwise, employers are not mandated to pay their employees if they cannot come to work because they are sick with coronavirus. In such a situation, the employee should apply for the COVID-19 unemployment claim.

If, on the contrary, the employee is not sick, but could not return to work because they have kids or other relatives to cater for, they can ask their employer for paid leave. If the employer denies the paid leave, the employees can ask for statutory leave as specified in the California labor law.

Can An Employer Request to Take The Temperatures Of Their Employees At Work?

Of course, yes. Because of the present pandemic crises, employers can request information from their employees about symptoms, and this includes taking your body temperature at work – and requiring that you stay home if you are sick.

 Do Employees Have To Tell Their Employer About Their Medical Condition(s)?

The California Occupational Safety And Health Act allows employers to ask their employees about medical conditions ONLY if it is to protect other workers from infection. Employers may not ask an employee who is asymptomatic (not displaying symptoms of an illness) if they have any medical conditions that might increase their vulnerability to the coronavirus.

For instance, the symptoms of COVID-19 coronavirus include cough, fever, and shortness of breath. Employers may not ask their employees who are not showing those symptoms about any medical condition that may make them more vulnerable to the virus. Employers should, however, inform their workers about the risks of infection. This way, employers may encourage their employees to present any personal medical information, but that depends on the decision of the employee.

WHAT CALIFORNIA EMPLOYERS CAN DO

Employers also have to be careful of this new presumption that a worker’s COVID-19 infection may be an industrial sickness protected by workers’ compensation laws. To protect themselves against possible claims that a COVID-19 infection was caused by willful misconduct, California employers should consult a competent attorney while they prepare to reopen for business.

FINAL THOUGHT

This post is not calling for employees to refuse to work during the COVID-19 pandemic, but that the crisis should also not deny employees (including essential service workers) of their basic right to safe working conditions. United Employees Law Group understands that these are challenging times for both employers and their employees, and we are particularly concerned about helping to protect employee’s jobs, wages, and livelihood as mandated by the “Equal Employment Opportunity Commission” and “California Department of Fair Employment and Housing”.

CONTACT US

If you are concerned about your rights as an employee or you feel your rights have been violated by your employer during this pandemic period, do not hesitate to contact United Employees Law Group. We are here to answer your questions, and help you understand what you can do to protect you and your job during this time.

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California has many administrative agencies that protect all employees and allows them to pursue claims against their employer when their legal rights are violated. These agencies are often referred to as “labor law boards”, even though there is no agency in California with such a name. These boards treat, manage, and investigate certain workplace disputes and complaints similarly to a court, and most complaints against employers are brought before these agencies. This post will take you through the major agencies in California that are involved in labor and employment disputes, and also offer resources on how you can file a claim with them.

IDENTIFYING THE RIGHT LABOR LAW BOARD TO FILE YOUR COMPLAINT

Although California has many agencies, there are two major agencies used for workplace disputes. They include:

• The Department of Fair Employment and Housing
• The Office of the Labor Commissioner

Each of these two labor law boards has a distinct process for filing claims or complaints, and the types of issues they handle are generally specific. To choose the right agency, employees need to correctly identify the best labor law board for their case and ensure it is within the jurisdiction of the agency for proper complaint procedure. This is the first step in bringing a claim against the employer.

THE CALIFORNIA LABOR COMMISSION AND THE CLAIM YOU CAN FILE WITH EACH

The California Labor Commissioner’s office works to enforce minimum labor standards in workplaces across the state. The Labor Commissioner and their deputies are appointed by the governor of the State of California and have a legal right to visit all companies in California to help the board investigate, resolve, hear all claims under its jurisdiction and enforce California labor laws. Perhaps most importantly, the Labor Commissioner has the power to give a ruling on disputes that involve wages and hour complaints. Some of these claims include:

• Unpaid wages
• Unpaid commissions
• Unpaid vacation wages
• Unpaid minimum wage
• Failure to be paid for agreed benefits
• Unpaid overtime
• Distribution of pay stubs
• Rest and Meal break violations
• Failure to pay wages on time after employment’s termination
• Unpaid split shift pay (this is necessary when two(2) different work periods are separated by more than an hour meal break)
• Unlawful deductions from a paycheck
• Un-reimbursed business operating costs
• Late payment or failure to pay final wages

To sum up, the office of the Labor Commissioner manages wages and penalty claims as well as other employees’ demands for compensation from their employer. Furthermore, the Labor Commissioner’s office can also hear certain types of whistleblower and retaliation/discrimination claims. However, they must involve claims that the employer took unfavorable employment action against the worker (or any job candidate) probably because they are involved in some protected conducts. The office of the Labor Commissioner can give a ruling some whistleblower claims, but not all types of whistleblower claims. The detail of this is beyond this post.

THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING AND THE CLAIMS WITHIN THEIR JURISDICTION

The department of fair employment and housing may be the best place to file a complaint if an employee feels they have been discriminated against. Discrimination usually arises when some protected people or protected class are treated differently based on certain characteristics or attributes. A few instances of discrimination may include unwanted touching, jokes that are inappropriate, unjust compensation, poor working conditions, and job assignments.

The California’s Fair Employment and Housing Act (FEHA) offers the most protection to employees (regardless of their numbers working in a company), and eliminates discriminatory employment practices. Under the California Fair Employment and Housing Act, employers are prohibited from discriminating against or harassing employees, job applicants and certain groups of people on the basis of their color, race, sexual orientation, religion, ancestry, age (40 and above), medical condition, disability, harassment, sex (including pregnancy), marital status, genetic information, origin (including language constraints), military and veteran status. Any other issues that involve unfair treatment or treating an individual differently fall under their jurisdiction. Most times, retaliation usually follows discrimination and harassment.

WHAT IS RETALIATION ALL ABOUT

Retaliation arises when an employer or an agent acting on behalf of the employer react unfavorably or engages in unlawful behavior against an employee for filing a claim about some sort of discrimination/harassment or worker’s compensation, or for helping other employees in these complaints. Retaliation can also arise when an employer or an agent acting on behalf of the employer takes adverse actions against a worker for reporting unlawful behaviors by their employer – an act also known as whistle blowing.

Retaliation can come in many forms. For instance, if the employee files a claim and the employer or an agent acting on behalf of the employer then fires the employee because of the claim, then that would be retaliation. At times, the employee does not have to be fired to prove retaliation. Another instance is when an employee takes days off to look after an injury sustained in the workplace and the employer penalizes the employee, maybe through wage reduction. Under California law, this is prohibited. To prove retribution, an employee must show that:

1. The employer engaged in an unfavorable employment action, like firing the worker
2. They engaged in behavior that is protected under the California labor code (filed a worker’s compensation claim) and

• There was a connection between (i) and (ii) above.

The Fair Employment and Housing Act prohibits employers or an agent acting on behalf of the employer from retaliating against employees on these grounds. When the Fair Employment and Housing Act is violated, employees have a right to file a complaint with California’s Department of Fair Employment and Housing (the DFEH).

DFEH Versus DLSE

The DLSE and the DFEH work in the same way in that they both have the power to look into an employee’s claims and work with the employer to resolve any unlawful or illegal activities. However, the major difference is in the types of claims that the two agencies handle.

WHO CAN FILE A CLAIM WITH THE LABOR BOARD?

Any former or current employee or job applicants can file a claim for labor law violation, in relation to any part of the labor law as established in California by the Industrial Welfare Commission. The Labor law board will not query your immigration status nor report it to other government agencies. There is also no need for a social security number or photo identification to file a report for labor law violation. If your complaint is selected for investigation, your report will be kept confidential to the maximum extent possible under the law.

WHEN TO FILE A CLAIM WITH THE LABOR BOARD

The California labor law board maintains a listing of California laws that prohibits the denial of employee’s legal rights. If you have any issues affecting your working conditions in California, or you are discriminated against and harassed or you are seeking to get your legal unpaid wages, you have the right to file a claim with the appropriate California labor law board in a timely manner. Depending on the instances, reports must be by the statutory deadline. Talk to an attorney as to when that is. If your complaint is about:

• an oral agreement, you have a deadline to file by statute to file a complaint from the violation date.
• law or regulation in place (such as a minimum wage or overtime violation), you have a statutory deadline from the date of the violation to file a complaint.
• a written agreement, you a statutory deadline from the date of the violation to file a claim

The Labor law board prioritizes and investigates wage theft and other labor law violations. If the deadline is missed, you may be able to file a private lawsuit instead of filing a complaint. You should consult with an employment attorney for more details.

HOW TO FILE A COMPLAINT WITH THE LABOR LAW BOARD

After correctly identifying the type of claim and the best administrative agency that can hear the case, the employee can go ahead with preparing their complaint. The employee must:

• Determine the laws that the employer violated
• Collect any information that shows the employer took action against them because they exercised their labor rights.
• File any change in their employment conditions after they have exercised their rights, such as demotion or pay reductions.
• Collect documents to evaluate their employment conditions before that moment, such as timesheets, pay stubs, personnel commendations, notes, or evaluations, or other r
• ecords.

Reporting A Claim

To report a claim, the employee can either take or mail the complaint form to the Labor law board that handles the particular claim for the employee’s city or location where the employee performed the work that led to the complaint. Whichever way, the employee should make sure to complete the following steps:

• Download and print out the claim or complaint form.
• Complete the form in its entirety and ensure you provide all information requested to the best of your knowledge to avoid delays in processing, then sign and date the form.
• Attach copies of any supporting documents to your complaints. Do not send the original copies.
• Mail the completed complaint form and the supporting documents to the Labor law board
• If you are filing a workplace health and safety complaint, you may have additional protections.

It is advisable that the employee consult an employment attorney before filing their complaints just to ensure all their facts are correct, the claim is feasible and timely, and that the justice system is respected.

DETERMINATIONS

The California labor board will conduct a thorough investigation after you file your claim. And if the determination finds your employer guilty of any labor law violations, the board will send you a written determination by mail and require your employer to comply with it within 30 days. Otherwise, the Labor law Board will file a lawsuit against your employer to enforce the demand for relief. The relief may include:

• Reinstatement to your former job position
• Interest payment on the back pay
• Payment of any wages lost for wrong suspension, demotion or employment termination
• Payment of penalties for each violation
• Removal of any reference to the negative action in your employee file
• Cease to violate your labor rights in the future

WERE YOU SERVED A NOTICE FROM THE CALIFORNIA LABOR LAW BOARDS?

If you receive any complaint through the labor law boards, you need to know your rights before an employee sues. Most business owners or employers often neglect labor laws or potential risks to their business until a lawsuit shows up. Employees that might have seemed satisfied may sometimes feel cheated and want to claim what they think they deserve. Therefore, they might sue their employer to see what they can get. The fact remains that employees have little  to lose for doing so, due to the way the system is set up. That is why an employer needs to have a clear understanding of their rights when they get a complaint from the labor law boards. Dealing with the labor law boards is hard and the entire process can be intimidating. Many variables and possibilities can make it difficult to get a good strategy for your case, but we can help you out.

CONTACT UNITED EMPLOYEES LAW GROUP FOR A FREE CONFIDENTIAL CONSULTATION

Whether you are an employee who thinks your legal rights have been violated or an employer who has received a complaint from the labor law board, the experienced team of employment attorneys at United Employees Law Group will aggressively and compassionately listen and protect your interests. We understand your request is unique and we will work to give you the best shot at a favorable outcome. Even if you do not end up hiring us, you will still have good knowledge of the next step you can take. Kindly fill the form below to schedule your free confidential consultation.

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Compensation to workers are provided for a lot of work related issues. These compensations help a worker in any kind of financial aid they may need. These compensations ensure that a worker is justified in receiving claims and insurances by the company or the employer. These compensations also help the worker to get back on track swiftly. There are a lot of car accidents each year. It is vital for a worker or an employee to understand what his/her options are when they are in a car accident while on duty or working for the employer. It is important for a person to know their legal rights in this scenario as car accidents can prove costly both in terms of health and finance.

Rules and clauses for receiving worker’s compensation and the means to go on about it

The rules and regulations for car related accidents while on the job are different state wise. However all laws state that you need to be on the job while the accident occurs. You cannot be driving for a personal cause while the accident occurs. If you are driving for a reason that includes working for the employer or other work related options that require you to be away from your office or work place, you can get worker’s compensation. This occurs in the situations where you may be running an errand or chore for the employer, you are making some sort of deliveries for the employer or the company, you are transporting another employee, if you are driving for a living, if you have no fixed office or workplace and have to drive for a living or if you are paid by your employer for your travel time. All these clauses typically means that you cannot claim worker’s compensation if you are driving or coming back home from office. However if you stopped midway to run some errand for the company or to pick some supplies and then got in to an accident, you may be eligible to receive compensation.

Worker’s compensation claims will only be entertained in a court of law if the worker can prove that the accident caused was due to the fault of the other driver. Also in a worker’s compensation claim, the person who was in the accident will only receive compensation for his/her medical bills and lost wages. He/she will not get any kind of remuneration for damage to property whatsoever. Property damage claims will be entertained in a civil claim and not a worker’s claim. It may be possible to combine both a worker’s claim and a civil claim in some cases. If the accident was due to the fault of the other driver, it may be possible to receive a civic claim.

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Are telecommuters covered under Workers Compensation? The answer is yes. An employee illness or injury is compensable under the workers’ compensation in case it arises out of and while in the period of employment, no matter the location the injury takes place.

There’s no secret that people’s workplace is changing in this era. With Today’s technology employees can be able to work almost from anywhere yet simultaneously being connected all the time. For the case of telecommuting workers, this chance brings unprecedented act of freedom when it comes to choosing the environment and where exactly to work at, and a significant number are grabbing this advantage with both their arms.

For employers, there are important advantages also when you embrace the telecommuting working style. Allowing employees work from their home helps in:

• Attracting talent from a wide geographic area.

• Boosting worker retention.

• Lowering the fixed costs.

• Increase worker productivity.

Telecommuting can also cause challenges, including the one which a lot of employers normally don’t typically consider: this is the need for Workers’ Compensation insurance that will cover employees who work from their home or other locations external from the main firm.

While some workers might not refer telecommuters to have be a Workers’ Compensation cover, the truth is that a lot of employers act on blind faith on their employees’ work “stations”, especially when home offices. Most of the time they underestimate these employees’ exposure. There are numerous scenarios in which employers could be found liable for injuries that occur in or near a home office.

Qualifications for workers compensation for telecommuters

Generally, we have two criteria that ought to be met in order for an injury to be compensable under Workers’ Compensation laws. First, one’s injury must “come out” on one’s employment. The employee has to have been acting in his/hers employer’s interest at the time the injury occurred.

Secondly, the injury has to have occurred in the course of ones’ employment. It means that the injury must occur at the point where they may reasonably be at and was while the employee was doing his or assigned job.

For telecommuters, the legal question of whether an injury is compensable can be tricky. For example, if an employee is injured working from home typing, the injury is likely to be compensable. If they are injured while stepping away for coffee, it is unlikely to qualify for Workers’ Compensation benefits.

Certain scenarios are not likely to be considered compensable:

• An employee leaves the home office and is injured during a nonwork-related errand.

• An employee takes a break from work and gets hurt vacuuming the house or cleaning the garage.

• An employee who sets up a remote office in a local coffee shop goes shopping next door and is injured in a slip-an-fall accident.

Here are best practices for creating a buttoned-up work-from-home policy:

• Physically inspect the employee’s home office to make sure it is safe.

• Clearly define the physical boundaries of the home office. If the boundaries are not well-established, an employer might be liable for an injury that happens anywhere on the employee’s property. If the employee has a desk job and works at a computer most of the time, you don’t want to be liable for a mishap that occurs in the garage.

• Employers should set specific work hours and establish set breaks where possible. Without this policy, an employee could argue that an injury occurring at any time of day or night is work-related.

• Specifically describe the scope of the employee’s activities. This reduces the possibility a clerical employee could successfully present a claim for doing a physical activity while in the home. The policy should make it clear that activities falling outside the employee’s job description are not the employer’s responsibility.

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What are safe working environments and why should one demand one? On an average, California employees spend about 10.5 hours per day at their workplace. People consider work to be the most influential setting which determines mental well being and protecting workers from any sort of diseases or disability, thus enlightening the real meaning of safe work environments. Further, better work environments are not only good for the employees but they are even beneficial for the company, allowing them to increase their productivity and reducing unwanted expenditures like disability and medical claims, workers compensation and many more.

Employers’ Responsibility for a Safe Work Environment
Under the California Occupational Safety and Health Act, 1973- “The employer plays an integral role in maintaining both healthy and safe work environments at the workplace.”  This is better represented by California Code of Regulations in Title 8 which governs 20 different duties that should be followed by an employer.

Some of them include:

-Inspect or examine the workplace to find hazardous or unsafe working conditions.-Implement, establish and maintain a regular Illness and Injury Program. This should even be renewed periodically for ensuring safety of the employees.

-Inspecting the tools and equipment used by employees and making sure that they are safe to use.

-Use of color, posters, signs or warning labels to make employees aware of the potential hazards that may be there at the workplace.-Offering important training and medical examination whenever needed by Cal-OSHA

-Keeping an updated record of employees’ medical conditions, and these records should even be identified by authorized representatives of the company

-Tackling Problems Associated With Work Environment

From the above mentioned responsibilities one can realize the importance of the employer in maintaining a safe work environment. If your employer is unable to provide you with a healthy working environment you have recourse. United Employees Law Group knows all the ins and outs of safe work environment and protection of the employee.  We can help you.
Call today to receive a free review of your case.

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Why Should California Employers Have Worker’s Compensation Insurance?
Worker’s Compensation Insurance is a form of insurance purchased by the employers for the employees that are working in their organization. This law is identified under the Labor Code Section 3700, which certifies that every employer must hold a WCI for their employee and failure to do so means that the employer is violating FEHA under the specified code.
Further if an employer does not hold a WCI for their employee then it can turn out to be quite expensive because the DLSE is issued along with a stop order where assessment is made to find the total sum of penalized amount and till then the services of the employee remains prohibited but they receive their wages.
What is the Penalty Assessed for Failure to carry Worker’s Compensation Insurance?
There are two major consequences of not having worker’s compensation insurance:
Twice the amount of money should be paid by the employer to the employee that they would have received from the premium if they were insured with WCI
A penalty of $1,500 for every employee who provides its service without being insured by Worker’s Compensation Insurance.
Though there are some exceptions to the penalties that are set by the Labor Law of California, the majority of cases end with these speculated penalties.
How to Get Your Worker’s Compensation Insurance Claim?
If you are an employee who has been a victim of any uncertain incident that should be covered by the Worker’s Compensation Insurance but you could not receive the compensation then seeking legal help is something that you should immediately too.
United Employee Law Group helps employees collect when they are wronged. If you have a WC claim, but the insurance company denies approving your compensation then the company stands to be liable, but if your employer never had WCI to cover you then the employer remains liable for your compensation.
The right lawyer will ultimately mean the difference in getting your compensation either from the insurance company or the employer.
Call now and collect sooner!

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In every workplace, you will find some form of faulty equipment which the employees are required to use that may cause injury. From desks and chairs to heavy machinery, it is the employer’s duty of ensuring that all the equipment being used is well-maintained and safe for the employees.

Every employer is obliged to take measures to protect the health and safety of their staff while they are at work.

The employer’s duty of care involves a range of responsibilities such as:

– Providing safe and well-maintained equipment.
– Carrying out regular inspections at the workplace to ensure that equipment being used are in good working order.
– Providing training to employees to enable them to use the equipment properly, efficiently and safely.
– Highlighting the risks of using the various equipment.
– If necessary, providing adequate personal protective equipment when handling equipment at work.
– Taking immediate action if any problem is pointed out with a piece of equipment.
– Halting use of or removing faulty equipment that could put workers at risk of accidents and injuries.
– Notifying employees of the potential risks of using particular work equipment.
– Explaining the findings of risk assessments to the employees.

Work Accidents Caused By Faulty Equipment

Although there are strict rules and regulations in place to protect workers from risks of injuries and accidents at work, it is not possible for any employer to eliminate the risks. Employers have a legal duty to make the work environment safe for the workers. They must take steps to minimize risks of accidents and hazards. If an employer fails to abide by the laws, then that means that they are breaching the duty of care that they owe towards their employees.

The risk of work accidents and injuries are increased when employers fail to take reasonable steps to provide safe equipment to the workers. In most cases, injuries caused by faulty equipment gives rise to potential injury claims.

Common types of work accidents and injuries caused as a result of using faulty equipment include:

– Crush injuries resulting from defective machinery
– Injuries resulting from lack of personal protective equipment. Examples include burn injuries, injury to the eye, skin, etc.
– Electrical shocks caused by unsafe equipment
– Injuries resulting from lack of training or supervision on how to use the equipment safely and efficiently.

When employees sustain injuries at work resulting from faulty equipment, they are often eligible to make faulty equipment injury claims. It is necessary for the injured party to seek legal advice as soon as possible following an injury caused by faulty equipment at work.

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