Chapter 1: California Workers' Compensation History

A legal system where injured workers receive compensation regardless of fault, shifting the burden of proof from the employee to the employer.

A historical agreement in California, where employers agreed to provide worker's compensation in exchange for immunity from lawsuits.

The process of changing and improving the worker's compensation system in California.

The legal process where an injured worker sues their employer for negligence.

A devastating fire in 1911 that killed 146 workers, prompting California's first workers' compensation law.

The first workers' compensation law in California, passed in 1911, but did not require employers to provide coverage.

An act passed in 1913 that made workers' compensation mandatory for employers.

A provision added to the Workers' Compensation Insurance and Safety Act in 1917, which considered the impact of injuries on an employee's ability to work.

A system that provides compensation to employees who are injured or become ill due to their work.

The principle that the employer is responsible for paying benefits regardless of who caused the injury, as long as it occurred during work.

The worker's only legal option for an injury or illness is to claim benefits under the workers' compensation system, limiting their right to sue the employer.

The benefits provided by the workers' compensation system are pre-determined and fixed, regardless of the severity of the injury.

An employer's responsibility to pay benefits even if they were not directly responsible for the accident, as long as it happened at work.

States have different laws and regulations regarding workers' compensation.

Federal, maritime, and railroad employees often have separate workers' compensation systems that may operate differently from the state system.

Workers' compensation is a statutory benefit with no arbitrary limits on the extent of coverage for medical treatment. Employers must provide coverage regardless of the frequency, duration, or extent of the services needed.

The "no-fault" rule in workers' compensation means that injured workers receive benefits regardless of who is to blame for the injury. The employer is responsible for the injury, regardless of whether they were at fault.

Deliberately self-inflicted injuries are excluded from workers' compensation coverage.

If an employee's injury results from their serious and willful misconduct, their benefits are reduced by half. However, there are exceptions, such as if the injury resulted in death, permanent disability, or the employer's failure to comply with safety regulations.

If the employee's injury is a result of the serious and wilful misconduct of the employer, the employee's compensation will be increased by half.

The "serious and willful misconduct" of the employee or employer is a difficult concept to prove.

The Workers' Compensation Appeals Board (WCAB) decides whether to reduce or increase benefits based on whether there was serious and willful misconduct.

Workers' compensation is constantly evolving due to rising costs and legal challenges. Changes are driven by factors like the QME (Qualified Medical Evaluator) process, fee schedules, and fraud prevention.