Legal Question in Workers Comp in California
CA vs International work comp
A company who has employees employed in another country, are sending some of those employees to California to work at their CA location, temporarily. They will not be paid by the CA company, they will still be paid by the company in their country. Whose workers comp policy would apply should they get injured? California comp benefits or their country?
1 Answer from Attorneys
Re: CA vs International work comp
It may not be either or. California has an interest in imposing a requirement that all people working inside its borders are covered by an insurance system for work related injuries as opposed to their using State paid for services. If they work for a company in "The Soverign State of Texas", they are covered by CA WC, so why should France be any different?
But the French, believing hospital patients in the USA are feed Macdonalds, may also impose on all companies under its control that they at least match the WC type benefits they mandate in Paris, so that patients will have a bottle of wine with their hamburger. Remember in this "choice/conflict of jurisdiction" question, it is not which government is rushing to aid the injuried worker, but rather which is pushing its employer class to do so. If the employer had no WC coverage, both would point the finger at the other governmental body that they should provide the benefits.
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