Is an employer required to notify an injured employee that they may be entitled to workmen's compensation benefits?

California, United States of America


The following excerpt is from Galloway v. W.C.A.B., 63 Cal.App.4th 880, 74 Cal.Rptr.2d 374 (Cal. App. 1998):

The Labor Code and the statutes of limitation relative to that code are to be liberally construed in favor of the protection of employees. (City of Fresno v. Workers' Comp. Appeals Bd., supra, 163 Cal.App.3d 467, 471, 209 Cal.Rptr. 463.)

The purpose of the rules and regulations as set forth in the relevant portions of the California Code of Regulations "is to protect and preserve the rights of an injured employee who may be ignorant of the procedures or, indeed, the very existence of the workmen's compensation law. Since the employer is generally in a better position to be aware of the employee's rights, it is proper that he should be charged with the responsibility of notifying the employee, under circumstances such as those existing here, that there is a possibility he may have a claim for workmen's compensation benefits." (Reynolds v. Workmen's Comp. Appeals Bd., supra, 12 Cal.3d 726, 729, 117 Cal.Rptr. 79, 527 P.2d 631.)

Page 379

Other Questions


Does section 2750.5 of the Workers' Compensation Act grant immunity from liability in a personal injury action at law even if the employer's insurer is not responsible for payment of workers' compensation benefits to the injured employee? (California, United States of America)
In what circumstances will an employer not be able to recover the amount of workmen's compensation awarded to an injured employee who was injured in a motor vehicle accident? (California, United States of America)
If a relief worker is injured while working shoulder to shoulder with a regular county employee, is that poor relief worker entitled to the same benefits as a full-time county employee? (California, United States of America)
Can an employer recover workers' compensation benefits from an employee who was injured in a workplace accident? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
Can two co-employees, injured in the same accident and under identical employment circumstances, be treated differently under workmen's compensation law? (California, United States of America)
Is an employee entitled to workers' compensation benefits against their employer? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
If a plaintiff is injured in a motor vehicle accident, is he entitled to workmen's compensation? (California, United States of America)
Can an employer recover workers' compensation from an injured employee? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.