Why the law favors injured workers?

Did you know that if all facts being about equal, the tie goes to the injured worker in the California workers compensation system? So, there’s a labor code provision called labor code 3202. It says, if all the facts are about equal and a judge could rule either way against an injured worker on an issue or foreign injured worker on issue, the judge is required to rule for the injured worker on the issue as labor code 3202. So, let’s say somebody gets injured at work and they report it and the employer fires them.

There’s nothing written down and the employee comes to testify and the employer comes to testify in the places. I got injured and I told my boss and the boss says, “No, you were misbehaving and we fired you. That’s why.”

And if the judge looks at the credibility of both and says, “Hey, this is probably like a tie.” They have to give preference to the injured worker and rule in the injured workers favor. Same with medical treatment, same with permanent disability.

So, that is a provision in the labor code that really favors injured workers. And this is good because it is basically putting the benefit on behalf of the injured worker. A lot of times, the employers, they’re in the position of where they can report injury or not to the insurance company that can document things or not. They don’t always do that.

The injured worker sometimes doesn’t know their rights or what they’re able to do. So again, if the judge finds a tie in those situations, tie goes to the injured worker.

So, I hope this helps you. Please don’t forget to follow us on our social media channels. Until next time, thank you.