Injured employees are entitled to attend hearings and conferences regarding citations issued by the Department where the citations are the result of an accident involving the employee. Workers' Compensation - Employer Issues Workers' compensation allows an injured employee to recover for damages for injuries sustained at work. Both Employers and Employees should be aware of several claims that can be brought before the Workers' Compensation Appeals Board, that are in addition to the general claim for Workers' Compensation benefits. This is a claim that can be brought by either the employer or the employee against the other. The claims are not insured by the workers' compensation carrier, as California Insurance Code 533 provides that this claim is a penalty, and it is against public policy to insure for such a claim.
Employers are free to retain their own counsel to defend such an action.
It has been the firm's experience that to defend a workers' compensation action does not necessarily translate into defense of a Serious and Willful violation. These claims are based on a violation of a Safety Order, and must be proven accordingly to rules of general civil law, unlike a workers' compensation claim which is a no-fault system. This conflict of interest may be waived, however, it is often better to have one's own counsel representing the company on such matters. The firm regularly represents employers on these issues, as they are typically litigated in conjunction with discrimination claims, or wrongful termination claims being litigated in the civil courts at the same time. This is a claim that can be made for a variety of reasons, among them for retaliatory wrongful discharge resulting from filing a workers' compensation claim.