In the state of California, all employers must purchase workers’ compensation benefits to ensure injured members of the workforce can easily recover compensation for certain injuries and losses resulting from on-the-job accidents or exposure to hazards in the workplace. Even an employer who only has one employee must provide them with access to workers’ compensation benefits.
This doesn’t mean injured workers are always eligible to recover compensation when they file claims. If you’re an employer, you (and your insurer) can argue that a claimant should not receive workers’ compensation benefits if there is reason to believe a worker’s injuries are not covered.
A claimant may enlist the help of an attorney if you refuse to offer workers’ compensation benefits. This can result in the case going to trial.
That doesn’t need to happen. Trials can be time-consuming and costly. Handling the case through arbitration is often a more favorable option for all involved.
Be sure to hire a qualified lawyer if a workers’ compensation dispute results in arbitration. At Sacks Law Group, APC, our workers’ compensation coverage and arbitration attorneys will provide the representation you need in these circumstances.
California is one of several states that allow certain workers’ compensation disputes to be resolved via arbitration and mediation instead of requiring said cases to immediately go to trial.
The process typically involves both an employer and employee presenting their arguments and evidence to an arbitrator. An arbitrator functions very much like a judge. They hear each party’s arguments before issuing a decision in favor of one party.
Usually, employees and employers will present their arguments to a single judge. However, there are some cases when a panel of arbitrators may be involved.
A lawyer can play a critical role in the outcome of an arbitration case. We will help you gather any relevant evidence and cite all applicable workers’ compensation laws and standards to ensure the argument you present is strong during the arbitration process.
Don’t underestimate the importance of securing a favorable outcome. If an arbitrator determines an employee is eligible to recover workers’ compensation benefits, you could face unnecessary financial difficulties. The fact that an arbitrator rules in favor of a claimant doesn’t mean their ruling is appropriate. An arbitrator can make the wrong decision if one party simply presents a stronger argument than the other. Guard against this by hiring a lawyer who specializes in these types of cases.
Although many workers’ compensation claims are valid and justified, some workers file claims despite not being genuinely eligible for workers’ compensation benefits. If you refuse to pay a claimant because of a coverage dispute and the case goes to arbitration, protect yourself and your company with the help of our team at Sacks Law Group, APC. Get started today by calling us at 310-216-7778 or contacting us online to schedule your free consultation.