What is the Difference Suing a City for Workers’ Comp Violation Versus a Company?

When it comes to filing a workers' compensation claim in California, the process and implications can vary significantly depending on whether your employer is a city (or another public entity) or a private company. Understanding these differences is crucial for ensuring your rights are protected and your claim is handled properly. This article breaks down the nuances between suing a city for a workers' compensation violation and filing claims with private companies, helping injured workers navigate this complex area.

Workers’ Comp Lawsuits Against a City vs. a Company

There are important distinctions to be aware of when it comes to California workers’ comp violation lawsuit differences for those who have been hurt on the job, but there are also shared protections. Here is what you need to know. 

Related Article: What to Know About Workers’ Compensation for Government Employees

Suing a City for a Workers’ Compensation Violation

In California, cities and other public entities often self-insure their workers' compensation claims. This means they take on the responsibility of administering and paying out claims directly, rather than relying on a private insurance company. 

To do so legally, the city must obtain a certificate of consent to self-insure from the Director of Industrial Relations, demonstrating their ability to cover claims effectively (§ 3700).

Cities frequently contract with specialized firms to handle investigative, administrative, and claims adjustment services related to workers' compensation cases (§ 31000.8). 

While the benefits provided to employees, such as medical treatment, temporary disability, and vocational rehabilitation, are the same as those required of private employers, navigating a claim against a self-insured public entity can involve additional layers of bureaucracy. 

For example, firefighters and other city employees may encounter specific provisions under the law designed to address their unique job risks (§ 3600.4).

In cases of workers' comp claims against a city for violations, injured employees must be prepared for potentially more rigid administrative processes and heightened scrutiny. 

This is not to say that cities intentionally complicate claims, but their adherence to public policy requirements and budgetary constraints can lead to a slower or more intricate process.

Related Article: Workers’ Compensation Benefits for California Government Workers

Suing a Private Company for a Workers’ Compensation Violation

Private companies in California typically fulfill their workers' compensation obligations by securing insurance through authorized insurers. 

Alternatively, some larger corporations may opt to self-insure but must also obtain a certificate of consent from the state (§ 3700).

When filing a claim with a private company, the process generally involves submitting a completed claim form to your employer, who then forwards it to their insurer (§ 5401). 

Employers are required by law to authorize medical treatment within one working day of receiving your claim form and to continue providing treatment until the claim is either accepted or denied (§ 5402). 

This expedited timeline often makes dealing with private employers slightly more straightforward, though disputes about benefits or coverage can still arise.

If a private company violates workers' comp laws, employees may need to pursue legal action. Workers' comp claims against companies often hinge on whether the employer adhered to their legal responsibilities in a timely and thorough manner. 

Unlike public entities, private companies don’t face the same regulatory complexities, but they may still resist claims to protect their bottom line.

Shared Protections for Public and Private Employees

Despite the differences in processes and responsible entities, both public and private employers in California are subject to strict anti-discrimination laws. 

Employers cannot retaliate or discriminate against employees for filing a workers' compensation claim (§ 132a).

Whether you’re making a claim against a city for a workers' compensation violation or pursuing legal action against a private company, the state’s commitment to protecting injured workers remains the same.

Related Article: What Kind of Benefits Can I Expect if My Workers’ Compensation Claim is ApprovedCalifornia Workers’ Comp Violation Lawsuit Differences

Ultimately, there are three primary differences between suing a city for a workers’ compensation violation vs. suing a company:

• Entity Handling the Claim: Cities often self-insure, while private companies usually work with third-party insurers.
•  Legal Framework: Claims against cities may involve additional procedural steps and are subject to strict compliance with public policies.
• Administration: Cities often use contracted firms for claims management, whereas private companies rely on their insurer’s processes.

Related Article: How Long Do I Have to Report My Work-Related Injury in California

Do You Need Help Suing a City for a Workers’ Compensation Violation? We Can Help.

While the fundamental rights and protections for employees remain consistent, the administrative processes and responsible entities differ significantly when suing a city for a workers' compensation violation versus a private company in California. Filing a claim against a city for workers' compensation violations can require navigating unique legal and procedural challenges, whereas workers' comp complaints against companies tend to focus on insurer practices and timelines. Both scenarios can be complex, making it critical to seek experienced legal guidance.

If you’re evaluating your options after experiencing a workers' comp violation, contact SoCal Workers Comp today or call us at 657-732-8141 for a free legal consultation. We’re here to help you understand your rights and achieve the best possible outcome.