Many employers find themselves needing to grapple with legal issues related to workers’ compensation insurance and benefits at some time during the course of running their businesses. The attorney you choose to represent your company’s interests in court makes a difference, and if you are dealing with legal issues related to workers’ compensation, you want to hire a lawyer who specializes in successfully defending their clients and helping them to get their businesses on the right legal track. At Sacks Law Group, APC, we specialize in workers’ compensation defense.
Some employees file fraudulent claims in an effort to get access to benefits they are not legally entitled to. Types of fraud can include self-injury, reporting the injury as more severe than it actually is, or even filing for benefits when not injured at all. If you suspect an employee has filed a fraudulent claim, our workers compensation fraud attorneys can help investigate the claim and come to your business’s defense.
An employer who wants to take a proactive approach to workers’ compensation can benefit from risk management counseling. We offer legal advice to employers who want to minimize their risks when it comes to legal matters involving workers’ compensation so that employers can ensure their businesses are in line with the law, including Insurance Codes and Labor Codes.
An employee who files a claim and is subsequently rejected for benefits may choose to file a claim with the Workers Compensation Appeals Board. The Board may then hear the case and, if they find it in the employee’s favor, you will have to pay out benefits regardless of your initial rejection of the claim. We can help you fight, and we will attend the hearing as your business’s legal liaison so that your side of the matter can be represented in front of the Board.
We want to help uninsured employers keep their businesses intact if at all possible, and we can represent them in court in an effort to reduce penalties—or offer legal advice so that these employers can make sure their businesses adhere to the law.
Yes, when we look at California Labor Code Section 3700, we can clearly see that all employers with one or more employees are required to offer workers’ compensation insurance to employees to help them in the event they sustain an on-the-job injury.
The law does not specifically require employers to purchase workers’ compensation insurance through insurance carriers, but the employer must still ensure that workers’ compensation insurance benefits are paid to an employee in the event they sustain an injury and a claim is filed.
Employers in Long Beach are allowed to self-insure, but there are very specific requirements about how much revenue the business generates for this to be possible. Employers who have one or more employees cannot be uninsured.
The penalties for not having workers’ compensation insurance in Long Beach can be severe. This is one of those rare areas of law where business laws can result in both civil penalties as well as criminal penalties for failure to comply.
A failure to provide workers’ compensation insurance to employees is considered a criminal offense under California state law. Employers can be jailed for up to one year in these cases, and they can face fines reaching more than $100,000.
However, an uninsured employer in Long Beach can face a range of other consequences in these situations. This can include:
One of the major benefits of providing workers’ compensation insurance is that this type of insurance typically insulates the employer from civil personal injury lawsuits in the event an employee sustains an injury. However, if a worker is injured and the employer is uninsured, this gives the worker the full right to file a personal injury lawsuit in order to recover compensation. This means that the business will be responsible for paying any compensation in the event the injury case is successful.
At Sacks Law Group, APC, we provide a range of workers compensation defense services to meet the dynamic needs of businesses like yours. Whether you want risk management counseling or need a legal expert on your side in Long Beach fighting to protect your interests, we are here to help. We have a long track record that includes many favorable outcomes both in court and in arbitration, and we can put our skills and knowledge to work for your business too. Call today for a consultation on your case.