The workers’ compensation system in California is fairly straightforward: When an employee is injured or becomes ill due to on-the-job conduct, that employee gets his medical treatment covered by the employer’s insurance and also gets a share of lost wages if his absence from work will be long-term. In return, employers cannot be sued by employees when on-the-job illnesses or injuries occur, for the most part.
So, it is somewhat uncommon to see political battles over the state’s workers’ compensation system. But recently the state legislature passed SB 1299,a bill that promised to make a small but significant change to workers’ compensation. Governor Gavin Newsom vetoed the bill.
Protection for farmworkers
The bill was intended to shift the burden of proof when workers develop heat-related injuries or illnesses on the job. The current procedure – which will remain in effect since the legislation was vetoed – is for an employee to have the burden to prove that the heat-related illness or injury occurred on the job. SB 1299 would have instead made it so that the burden was on employers to prove that the heat-related illness or injury was not related to work conduct.
Despite the veto, no one is arguing that farmworkers in California don’t need protection from heat-related injuries and illnesses. But, it appears that opponents of the new legislation prefer other methods besides altering the workers’ compensation system. As it stands now, any workers who have suffered heat-related illnesses or injuries will still need to go through the set process for claiming workers’ compensation benefits.