Who Is the Defendant in a California Workers’ Compensation Case?
In a California workers’ compensation case, the defendant is the party that responds to a claim filed by the injured worker, also known as the applicant. The defendant is typically the employer’s workers’ compensation insurance carrier, or in some cases, the employer directly if they are self-insured.
The defendant’s role is to review the claim, investigate it, and determine whether to accept or deny benefits. If the case moves into dispute, the defendant is responsible for defending against the applicant’s requests before the Workers’ Compensation Appeals Board (WCAB).
Who Can Be Named as the Defendant?
The following parties may be listed as the defendant in a workers’ compensation case:
- The insurance company handling the claim
- The employer, especially in self-insured or uninsured cases
- A third-party administrator (TPA) acting on behalf of the employer or insurer
In most cases, the defendant is represented by a defense attorney who communicates with the applicant or their attorney and appears at hearings.
What Does the Defendant Do in a Workers’ Compensation Case?
The defendant is responsible for:
- Investigating the claim and determining compensability
- Approving or denying medical treatment requests
- Authorizing or disputing disability payments
- Communicating with the applicant or their attorney
- Filing responses and legal documents with the WCAB
- Attending hearings, settlement conferences, and trials
The defendant works to limit the amount paid out on the claim and ensure compliance with California workers’ compensation laws and procedures.
Can There Be More Than One Defendant?
Yes. In some cases, more than one insurance carrier or employer may be listed as defendants, such as in:
- Cumulative trauma claims involving multiple employers
- Cases where the worker had multiple jobs with overlapping injuries
- Claims involving disputes over insurance coverage periods
Each defendant may have their own attorney and may present different positions regarding liability or benefits.
What Should Injured Workers Know About the Defendant?
While the defendant may communicate in a professional manner, it is important to remember that they represent the interests of the insurance company or employer—not the injured worker. Their goal is to control claim costs, which may include disputing treatment, denying benefits, or challenging the extent of the injury.
Having legal representation helps balance the process and ensures that your rights are protected when dealing with the defense side.
Need Help Handling a Workers’ Compensation Dispute?
If you are dealing with delays, denials, or disputes from the defendant in your case, the Law Offices of Norman J. Homen can help. We represent injured workers throughout California and work to secure the benefits they are entitled to.
