A laborer on a home construction site falls from a second story platform, suffering serious orthopedic fractures which require air ambulance transport and surgery. Only after the injury does the injured worker learn that his employer failed to carry worker’s compensation insurance coverage for his employees. Such a scenario is not hypothetical; it describes a current case being handled by Janssen Malloy LLP.
California’s Labor Code requires employers to carry worker’s compensation insurance for their employees. Ordinarily, if an employer carries the required worker’s compensation insurance coverage, a worker’s compensation claim is the “exclusive remedy” for the injured worker. In exchange for worker’s compensation insurance benefits, the injured worker is precluded from suing his employer for his injuries.