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Staying abreast of injured worker claim laws in California

Workers and employers are bound by state and federal employment laws. One area of of governance pertains to the filing of an injured worker claim. Such matters can become complicated, especially when California employers suspect  a workers' claims as fraudulent.

Employers are under obligation to make every reasonable effort to prevent workplace accidents from occurring in the first place. From diligent inspection of the physical work space to appropriate employee training and equipment maintenance, employers must strive to keep work areas free from obstacles or situations that have potential to cause injury. If an employee is injured, however, the  employer must make sure the injury is properly reported.

Following a report of a workplace injury, employers must also contact their insurance carriers and all appropriate officials who may need to investigate the matter.  For instance, an employee should be given the opportunity to seek medical attention when a workplace injury occurs. Whether such attention is provided at the work site or the employee must travel to an outside facility, an employer should not impede a worker's ability to seek immediate treatment.

California employers who suspect false injury claims may have questions regarding what types of action may be appropriate to resolve such matters. Any employer who thinks  an injured worker claim is fraudulent has the right to pursue justice through assistance from an attorney. After investigating the claim, an attorney can help determine whether evidence exists that suggests fraud may have taken place, at which point decisions can be made as to how best to address the situation.

Source: smllbusiness.findlaw.com, "Handling a Claim: Employer and Employee Responsibilities", Accessed on Aug. 3, 2016

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