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My cousin has a small company. There is an employee in her company who is injured in the course and scope of employment,
Anonymous2 views3 answers
and she believes it was the employees fault for being negligent. In this case, who is responsible for the medical expenses and lost wages suffered by the employee.
California workers compensation is a no-fault system, the employer is always liable. I am sorry to say because it is too bad that your cousin has to pay the price. However, there is one defense an employer can use and it's called "horseplay" and it means what you would think. If the employee was playing around and acting inappropriately, your cousin may have a defense. Goodluck!
My my my and Oh My God. While I do like being the bearer of bad tidings on this Thanksgiving day, your cousin has a major expense and legal issue that requires immediate attention. If your cousin's business has any employees, then your cousin's business must have a valid workers' compensation insurance policy in effect with an admitted California insurance carrier. Negligence is not a defense to liability for a workers' compensation claim. As such, your cousin is liable for all medical expenses and for temporary total disability (TTD benefits), generally 2/3 of the employee's average weekly wages. There are many penalties in the law against illegally uninsured employers and time deadlines in workers' compensation matters are strictly enforced. As such, it is essential that your cousin obtain legal representation ASAP and also obtain workers' compensation insurance coverage ASAP. On a related matter, if any one has a small business, one should retain an experienced CPA who will generally ensure that payroll taxes (FICA, which includes Social Security, unemployment taxes, federal and state taxes, etc. ) are withheld and the CPA will often recommend various types of business insurance, including obtaining workers' compensation insurance. Also, a payroll service (ADP etc.) should be utilized as these companies know what the requirements are re payroll, overtime pay, etc. for California employees. If the injured employee obtains an attorney, your cousin should immediately retain an experienced workers' compensation to represent the employer. Also, all substantial owners and shareholders are personally liable for workers' compensation benefits if the employer is illegally uninsured. Have your cousin take appropriate action now.
