ARTICLE 1. Insurance and Security
Article 1 enacted by Stats. 1937, Ch. 90.
§§ 3700–3709.5 · 28 sections
- § 3700 Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay…
- § 3700.1 As used in this article: (a) “Director” means the Director of Industrial Relations. (b) “Private self-insurer” means a private employer which has secured the…
- § 3700.5 (a) The failure to secure the payment of compensation as required by this article by one who knew, or because of his or her knowledge or experience should be…
- § 3701 (a) Each year every private self-insuring employer shall secure incurred liabilities for the payment of compensation and the performance of the obligations of…
- § 3701.3 The director shall return to a private self-insured employer all individual security determined, with the consent of the Self-Insurers’ Security Fund, to be in…
- § 3701.5 (a) If the director determines that a private self-insured employer has failed to pay workers’ compensation as required by this division, the security deposit…
- § 3701.7 Where any employer requesting coverage under a new or existing certificate of consent to self-insure has had a period of unlawful uninsurance, either for an…
- § 3701.8 (a) As an alternative to each private self-insuring employer securing its own incurred liabilities as provided in Section 3701, the director may provide by…
- § 3701.9 (a) A certificate of consent to self-insure shall not be issued after January 1, 2013, to any of the following: (1) A professional employer organization. (2) A…
- § 3702 (a) A certificate of consent to self-insure may be revoked by the director at any time for good cause after a hearing. Good cause includes, among other things,…
- § 3702.1 (a) No person, firm, or corporation, other than an insurer admitted to transact workers’ compensation insurance in this state, shall contract to administer…
- § 3702.2 (a) All self-insured employers shall file a self-insurer’s annual report in a form prescribed by the director. Public self-insured employers shall provide…
- § 3702.3 Failure to submit reports or information as deemed necessary by the director to implement the purposes of Section 3701, 3702, or 3702.2 may result in the…
- § 3702.5 (a) (1) The cost of administration of the public self-insured program by the Director of Industrial Relations shall be borne by the Workers’ Compensation…
- § 3702.6 (a) The director shall establish an audit program addressing the adequacy of estimates of future liability of claims for all private self-insured employers,…
- § 3702.7 A certificate of consent to administer claims of self-insured employers may be revoked by the director at any time for good cause after a hearing. Good cause…
- § 3702.8 (a) Employers who have ceased to be self-insured employers shall discharge their continuing obligations to secure the payment of workers’ compensation that…
- § 3702.9 (a) In addition to remedies and penalties otherwise provided for a failure to secure the payment of compensation, the director may, after a determination that…
- § 3702.10 The director, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend, and…
- § 3703 So long as the certificate has not been revoked, and the self-insurer maintains on deposit the requisite bond or securities, the self-insurer shall not be…
- § 3705 The Self-Insurers’ Security Fund or the surety making payment of compensation hereunder shall have the same preference over the other debts of the principal or…
- § 3706 If any employer fails to secure the payment of compensation, any injured employee or his dependents may bring an action at law against such employer for…
- § 3706.5 The provisions of this article and Sections 4553, 4554, and 4555, and any other penalty provided by law for failure to secure the payment of compensation for…
- § 3707 The injured employee or his dependents may in such action attach the property of the employer, at any time upon or after the institution of such action, in an…
- § 3708 In such action it is presumed that the injury to the employee was a direct result and grew out of the negligence of the employer, and the burden of proof is…
- § 3708.5 If an employee brings such an action for damages, the employee shall forthwith give a copy of the complaint to the Uninsured Employers Fund of the action by…
- § 3709 If, as a result of such action for damages, a judgment is obtained against the employer, any compensation awarded, paid, or secured by the employer shall be…
- § 3709.5 After the payment of attorney’s fees fixed by the court, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the…