Workers’ Compensation: Employers Responsibilities in Orange County

Workers’ compensation is a no-fault insurance system that provides benefits to employees injured on the job or who develop work-related illnesses. In exchange for these benefits, employees typically forgo the right to sue their employer for workplace injuries. California law requires all employers to carry workers’ compensation insurance, even if they have only one employee. 

If you or a loved one have been injured in the workplace, contact our Orange County workers’ compensation attorneys to discuss your legal options today.

Employer Responsibilities Related to Workers’ Compensation

All employers in Orange County must secure workers’ compensation insurance through an authorized provider or qualify for self-insurance. Failure to carry insurance can result in fines, penalties, and potential criminal charges. Additional responsibilities include:

Post Workplace Notices

Employers must display a Notice to Employees—Injuries Caused by Work in a visible area, outlining employee rights and employer obligations under workers’ compensation laws.

Provide the “DWC 1” Claim Form

When an employee reports a workplace injury or illness, the employer must provide a DWC 1 Claim Form within one working day of receiving the report. This form initiates the workers’ compensation claim process.

Report Workplace Injuries and Illnesses

Employers must report injuries or illnesses requiring more than first aid to their insurance carrier and the Division of Workers’ Compensation (DWC) within five days of learning about the incident.

Serious injuries, fatalities, or multiple injuries from workplace accidents must also be reported to Cal/OSHA within eight hours.

Coordinate Medical Treatment

Employers are responsible for ensuring injured employees receive immediate and appropriate medical treatment. They must provide information about pre-approved medical providers and facilitate access to care.

Prevent Retaliation

Employers are prohibited from retaliating against employees who file workers’ compensation claims. Retaliation includes termination, demotion, reduction in hours, or other punitive actions.

Maintain Accurate Records

Employers must keep detailed records of workplace injuries, claims filed, and communications with employees and insurance providers. Accurate records are essential for compliance and audits.

Employers Must Support Employees after a Work Injury

Employers have a duty to assist employees throughout the workers’ compensation process, including:  

Filing Claims Promptly

Submitting the completed claim form to the insurance carrier without delay to ensure timely processing and benefits.

Communicating Clearly

Providing employees with updates about the status of their claims, benefits eligibility, and next steps.

Facilitating Return to Work

Supporting employees in their transition back to work through modified duties or accommodations as recommended by medical providers.

Penalties for Non-Compliance

Employers who fail to meet their responsibilities under California workers’ compensation laws may face serious consequences, including:  

• Fines and Penalties: The California Labor Code imposes significant fines for uninsured employers, ranging from $10,000 to $100,000.
• Civil Liability: Employees may sue employers directly for negligence if workers’ compensation insurance is not in place.
• Criminal Charges: Willfully failing to provide coverage can result in misdemeanor or felony charges.

Employee Rights Under Workers’ Compensation

While employers have responsibilities, employees in Orange County have rights, including:  

• Medical care for work-related injuries or illnesses.  
• Temporary or permanent disability benefits for wage loss.  
• Vocational rehabilitation or retraining in some cases.  
• Protection against retaliation for filing a claim.  

By meeting their responsibilities, employers help ensure these rights are upheld, fostering a safer and more supportive workplace.