Workers' compensation fraud can cause damage to a business and place the owner in a difficult position, both financially and professionally. Some people may question what led their current or former employee to abuse available benefits for personal gain. The decision for an employee to commit workers' compensation fraud in California may stem from being disgruntled at the company or from someone trying to take advantage of a particular situation.
An employer defense may have the potential to ease consequences in the event an employer is accused of dishonest practices. A recent report revealed the high number of businesses in California and across the nation that have intentionally labeled employees as independent contractors to intentionally avoid higher costs. Lawmakers in Washington have announced their plan to expose companies that mislabel the classification of their employees in an attempt to financially benefit. A business owner may prepare an employer defense if they suspect they may be investigated.
Experts agree that the rate of workers' compensation fraud continues to increase in California. The rise is seen in both contended claims and the amount of injuries that are filed. An employer that suspects an accident or injury has been claimed in an attempt to commit workers' compensation fraud may research the best possible method for investigating the situation.
Home health care facilities in California are responsible for sending workers into the homes of their clients and may often require an employer defense in the event someone is hurt while on the job. An employer defense may work to protect a company from having to provide compensation benefits beyond necessity when an accident does occur. A higher court decision recently determined that an Alzheimer’s patient who had been sued by a home health care employee was not responsible for providing compensation for an injury.
Proper medical treatment is a cornerstone of the proper administration of California’s workers’ compensation system. Essentially, treating doctors must implement treatments that are scientifically proven to abate the injuries or illnesses that a worker suffers from as a result of an on-the-job injury or accident.
Wearable technology is the next big thing for retailers. From Samsung’s smart watch to Google’s Glass, the world of mobile technology has a great deal to offer consumers and employers alike. For employers, wearable technology can provide a number of opportunities to expound on safety measures and take further action to prevent injuries.
As workers’ compensation defense attorneys, a great deal of our practice involves counseling employers on when and how to issue denials. Denying a work comp claim comes with its consequences, and more states are focusing on penalizing employers for unjustified denials. Moreover, a focus on the legal requirements behind denials has increased over the past few years. Because of this, it is important for employers to understand the steps and requirements behind workers’ comp claim denials.
Working with a workers’ compensation defense attorney may be a new experience for a business owner. Employers may have worked with lawyers in planning the business, including establishing a corporate entity or raising money for the enterprise. However, hiring an attorney to defend a workers’ comp claim may be different. It is crucial to understand some basic tenets so that a proper expectation is set.
More than a dozen health care workers were indicted by an Orange County grand jury in connection with criminal charges stemming from an alleged workers’ compensation fraud scheme. Prosecutors believe that 15 people, including pharmacists, physicians and the head of a workers’ compensation claim management firm all played a part in orchestrating a scheme of bribes and kickbacks.
In order to save money, a number of new businesses are resorting to using independent contractors and temporary employees to handle many of the operations the business needs in order to function. While workers’ compensation insurance can be pricey, it is a necessary expense for many businesses.