A Guide To California's Workers' Compensation System

The idea of workers' compensation has existed since the ancient times of Babylon

where both employers and slave masters were required by law to pay for their workers' medical care in the event of illness or injury.

Today's workers' compensation system developed in Europe during the Industrial Revolution of the 19th century. The concept crossed the Atlantic, and today, every State and territory has such laws in place, including the Federal government.

Before California's workers' compensation laws were established, an injured worker's only remedy was to file a regular civil law suit against the employer in order to recover any compensation to pay for economic losses and medical treatment. Injured workers had the burden of proving their employer's fault, and employers were allowed to raise normal civil defenses such as contributory negligence of the worker, assumption of risk by the worker, and fellow-servant causation.

If the worker could not show that the employer was at fault in causing the injury, the worker recovered nothing. If the employer could show that the worker's injury was caused by the actions of a fellow worker or by the worker's own negligence, the worker recovered nothing. Or, if the employer could prove that the worker understood and assumed the risks involved in the job, and the worker was injured as a result of these dangers, the worker recovered nothing.

California's workers' compensation laws were first developed in the early 1900's and were codified by the Boynton Act of 1913. Although there have been many amendments and reforms to these laws over the years, the basic principles have remained the same - that employers must provide benefit payments and medical treatment to injured workers.

Today, California's workers' compensation system is a "no-fault" system of recovery. Rather than having to prove that your employer was at fault in causing your injury, now you simply have to show that your injury arose out of and in the course of your employment in order to make a valid claim. In addition, your employer no longer has the option to defend your claim on the basis of assumption of risk, contributory negligence, or the fellow-servant rule.

DISCLAIMER: Please keep in mind that this article does not constitute actual legal advice and is intended for informational purposes only. Please be advised that you should consult an attorney if you have any questions about a particular workers' compensation claim.

by: David Park

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