Yesterday , we looked at attorney David Schmit’s “Workers’ Comp 101” tips for staying in legal compliance when discipline is necessary—including the importance of good cause and consistent treatment. Today, his thoughts on the key role of documentation. Schmit made his comments...

How can you stay in compliance with workers’ compensation laws when disciplining a worker who was previously injured? Administering discipline in this scenario can be tricky, but it can be accomplished by following some guidelines: have good cause, treat employees consistently, and have good documentation...

California lawmakers have begun instituting some workers’ compensation reform in the form of SB 863. This law has been widely hailed as a "new and improved" workers’ compensation reform package, and includes many changes to the way injured employees are compensated when they cannot...

How can employers protect themselves and reduce the likelihood of retaliation claims when disciplining or terminating an employee who has previously filed a workers’ compensation claim? If a claim of retaliation is feared, which evidence will help prove that you acted legally? Avoiding Retaliation...

Previous workers’ compensation laws in California created a situation where the costs associated with providing medical treatment and benefits to injured workers and administering workers’ compensation claims had begun to rise significantly. If costs were permitted to continue to rise, employers...

Independent medical review (IMR) is the largest change in California’s SB 863, which has been widely lauded as a "new and improved" workers’ compensation reform package. The new law addresses problems that arose out of the 2004 reforms by minimizing delays in medical treatment and...

Whenever an employee has to miss work due to an injury that was covered under workers' compensation, it is in everyone's best interest to get the employee back to work as quickly as possible. Implementing a good "return-to-work" program allows employers to maximize employee productive...

Talking about workers' compensation programs often brings thoughts of insurance, injuries, and claims. However, there are a lot of steps that employers can take to make the workplace a safer place to be, which will benefit everyone involved. When it comes to managing a workers' compensation program...

How can employers protect themselves and reduce the likelihood of retaliation claims when disciplining or terminating an employee who has previously filed a workers’ compensation claim? If a claim of retaliation is feared, what evidence will help prove the employer acted legally? Most employers...

In yesterday’s CED , we covered the alcohol-related challenges of company social events; today we'll examine harassment and injury issues. Sexual Harassment at Social Functions Many courts have found that unwanted sexual advances, exhibitionism, improper sexual touching, and sexual innuendo—actions...

There's nothing like a picnic or a party to boost morale, build teamwork, and reward employees for a job well done. But as with many things HR, there's a downside: Failure to clarify and enforce policies can lead to unexpected problems, such as claims for workers' compensation or sexual harassment...

Yesterday , we looked at a case in which a brand-new agricultural worker fell off a high ladder, sustaining both physical and psychiatric injuries. Normally a worker has to be with an employer for at least six months to recover for psychiatric injuries—what did the court conclude in this case?...

When a worker sustains an injury at work, it’s not always just the body that gets hurt—you may also be facing a claim for psychiatric injury. Today and tomorrow, we’ll look at a new case that helps clarify exactly when you may be liable for these sorts of injuries for new workers. Avocado...

Yesterday , we looked at a case involving an injured employee who received a 100 percent total permanent disability rating in a workers' compensation proceeding. Is the employer allowed to refuse his request to return to work? Cathleen Yonahara spells out the rules and the court’s conclusion...

One of your employees is injured on the job and receives a 100 percent total permanent disability rating in a workers' compensation proceeding. If he asks to return to work, can you turn him away without running afoul of California's Fair Employment and Housing Act (FEHA)? What if you have a...

Many employers are unclear on whether employees who are injured while traveling from home to work, or vice versa, are entitled to workers’ comp benefits. The confusion is understandable. Although the workers’ comp system generally excludes coverage in this situation under what is known as...

Under the Labor Code, an injured employee is entitled to workers’ comp when he or she sustains an injury or illness while acting within the course of his or her employment, or while performing service incidental to his or her employment. Typically, employers, claims administrators, and courts look...

When you face multiple employment-related claims brought by the same individual, a "global" settlement of the claims holds obvious appeal. Who wouldn't want to cap their costs and avoid lengthy litigation? But when workers' comp claims are involved, comprehensive settlement might not...

Yesterday , we looked at the first half of attorney James Brown’s “Top 10” tips for complying with California’s disability bias laws. Today, the rest of the list—plus an introduction to a valuable new resource that will quickly become your indispensable guide to California’s...

California’s Fair Employment and Housing Act (FEHA) provides employees with disability discrimination protections that are even more stringent than the federal Americans with Disabilities Act (ADA) requirements. For California employers, compliance with the disability laws is a complex maze with...