Client Services

Workers Compensation

The State of California affords workers' compensation to employees injured on the job regardless of fault. Once a claim is filed by the employee informing the employer of a work injury, it is up to the employer to forward the claim to its insurer or third party administrator. They will then make the determination as to whether the claim is accepted or denied. Although the employer is covered by its workers' compensation policy for most claims, there are certain actions that are not covered under the policy. These include serious and willful claims as well as wrongful termination.

Serious and Willful Misconduct

Section 4553 of the Labor Code provides that the amount of compensation otherwise recoverable shall be increased one-half (1/2) together with costs and expenses not to exceed two hundred fifty dollars ($250) where the employee is injured by reason of the serious and wilful misconduct of the employer, or his managing representative.

Serious and willful misconduct can include a violation of a safety order.

Wrongful Termination

Section 132a of the Labor Code states that any employer who discharges or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event, more than ten thousand dollars ($10,000) together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

Discrimination/Harassment

Discrimination claims may be based on age, sexual orientation, gender, race, religion and/or disability such as a medical condition. These claims are generally first filed with the California Department of Fair Employment and Housing or the Federal Equal Employment Opportunity Commission. A state or federal lawsuit may follow. These claims can lead to the assessment of considerable awards for damages. Our office will help guide your business through the compliance process and will provide expert legal representation if a claim is made. We can also help you prepare a handbook for your employees that will include a comprehensive policy against discrimination/harassment.

Wage and Hour Laws/FMLA

An increasing number of claims are being made by employees alleging violations of their rights to proper compensation for overtime, lunch and rest breaks, as well as medical and other leave rights. We provide the employer with guidance and legal advice as well as representation if necessary to defend against unmeritorious claims.

Personal Injury/Subrogation

Our office also handles personal injury and/or subrogation matters in the Southern California county courts. We are available to file a third party lien in any existing lawsuit or file a complaint against a third party. If an employee is injured on his way to/from medical treatment for a workers' compensation injury, the employer and its insurer may be entitled to reimbursement of expenses for medical treatment.

Member: Irvine Chamber of Commerce