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Reviewing California’s Employer’s Bill of Rights

As an employer in Los Angeles, you likely view the safety and well-being of your employees as one of your top priorities. Like many of those that we here at Sacks and Zolonz LLP have worked with in the past, that is why you work to ensure that your staff is covered by workers’ compensation insurance in the event of a workplace accident. Yet should such a benefit need to be used, the cost could be reflected in you having to pay more for your coverage. You may be fine with that provided that an employee’s claim is completely valid. Do you have any recourse, however, if you believe one is not?

The answer to that question is yes, thanks to the Employer’s Bill of Rights established by the California Labor Code. Say that you have an employee that is injured on the job, but then you later discover that he or she was under the influence of alcohol at the time of the accident. According to the Employer Bill of Rights, your workers’ compensation insurance provider is first supposed to inform you within 15 days of a claim being filed that your employee is seeking benefits. If you respond to such a notice, in writing, that you believe that the employee’s actions should prohibit him or her from receiving workers’ compensation, benefits may still be extended, but only after you have been notified by your insurer of the date of your appeal hearing.

If, after investigating the case, the state’s Worker’s Compensation Appeals Board deems no benefits should be made available, your provider must reimburse you the cost of any premium paid due to the expenses associated with this incident. More information regarding your rights to appeal workers’ compensation claims can be found by continuing to explore our site.  

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