Santa Barbara Workers’ Compensation Lawsuits - Sacks Law Group, APC
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Santa Barbara Workers’ Compensation Lawsuits

If you’re an employer in Santa Barbara, California, you are almost certainly legally required to carry workers’ compensation insurance. Ideally, this insurance provides financial assistance to employees who are injured in on-the-job accidents or who become ill due to work-related circumstances.

However, some employees file fraudulent workers’ compensation claims. You may deny a claim when this happens.

Upon denying a claim, be aware that an employee may very likely sue you instead of accepting your decision. If this happens, a Santa Barbara workers’ compensation lawsuits attorney at Sacks Law Group, APC can provide the defense you need.

Reasons to Deny a Workers’ Compensation Claim in Santa Barbara

In California, there are several valid reasons for an employer to deny a workers’ compensation claim. Some of these include:

  • The injury or illness is not work-related. If the employer can demonstrate that the injury or illness is not a result of the employee’s job duties, they may be able to deny the claim.
  • The employee did not report the injury or illness in a timely manner. In California, employees are required to report injuries to their employer within 30 days of the incident. If the employee fails to do so, the employer may be able to deny the claim.
  • The employee was under the influence of drugs or alcohol at the time of the incident. If the employer can prove that the employee was under the influence of drugs or alcohol at the time of the incident and that this contributed to the injury or illness, they may be able to deny the claim.
  • The employee filed the claim after being fired or laid off, and there is reason to believe they filed the claim in retaliation.
  • An employer has identified discrepancies between an employee’s story and the details of the accident report.
  • The employee was engaging in horseplay or misconduct at the time of the incident. If the employer can demonstrate that the employee was engaged in horseplay or misconduct at the time of the incident, they may be able to deny the claim.

How a Santa Barbara Workers’ Compensation Lawsuit Attorney Helps

A Santa Barbara workers’ compensation lawsuits attorney can help an employer when an employee sues after a workers’ compensation claim is denied by representing the employer in court and defending against the lawsuit. The attorney can review the case and evidence, develop a legal strategy, and present the employer’s side of the case in court.

The attorney can also help the employer to gather and present evidence to support their decision to deny the claim, such as demonstrating that the injury or illness is not work-related, or that the employee failed to follow safety procedures. They can also help the employer to negotiate a settlement or reach a resolution that is in the best interests of the employer.

Additionally, the attorney can provide guidance to the employer on their legal obligations and responsibilities during the lawsuit, including how to respond to legal documents, how to prepare for court, and how to handle any appeals or motions that may be filed.

Contact Our Santa Barbara Workers’ Compensation Lawsuits Firm

It’s important to note that each case is unique and the outcome can vary depending on the facts and evidence presented. However, having an attorney experienced in workers’ compensation lawsuits can help the employer navigate the legal process and improve their chances of a favorable outcome. For more information about what Sacks Law Group, APC can do for you, contact us online or call us at 310-216-7778.

Uninsured Employers

Providing expert defense against fraudulent and frivolous workers’ compensation claims.

Insurance Carriers & Self Insured Employers

Providing comprehensive workers’ compensation defense to insured and self-insured Employers.