If you are a self-insured employer facing a workers’ comp claim from an employee, then you are likely frustrated and confused about what to do next. At Sacks Law Group, APC, our Van Nuys workers compensation lawsuits attorney can help. We have years of experience representing employers just like you, helping to mitigate the exposure of these employers and defend them against costly workers’ compensation claims. Our attorneys are well-versed in the nuances of handling workers’ comp claims from the employer’s perspective, so you can expect the best possible outcome when you trust us with your workers compensation lawsuit.
Defense of Occupational Disease and Accidental Injury Claims
Injured workers have a legal right to file a claim for their injuries and be compensated for those injuries under a set of strict parameters and requirements. This includes injuries from occupational diseases and accidental injuries. However, not all injuries are compensable. Some potential defenses for workers comp claims include:
- The worker was an independent contractor. If your employee was actually an independent contractor and not an employee at all, then the employee is not entitled to collect benefits under your workers’ comp insurance coverage.
- The worker failed to give you notice of their injuries within the allotted time frame. In California, workers must notify their employers within 30 days of the injury being sustained or finding out about an illness. Claims must be filed within one year.
- The worker’s injuries are self-inflicted. Although it seems hard to imagine, it is not unheard of for workers to inflict their own injuries in order to receive a payout from workers’ comp insurance.
- The worker’s injuries are not related to their employment. To collect benefits for workers’ compensation, workers must be injured at work or be made sick by the job.
- The worker failed to show up for an independent medical exam to validate their injuries.
- The worker violated safety rules and became injured. Horseplay and other forms of negligence that lead to a workers comp lawsuit can make the injuries non-payable for benefits.
How Can We Help Self-Insured Employers?
Self-insured employers can trust Sacks Law Group, APC, and our Van Nuys workers compensation lawsuit attorneys to take a multi-pronged approach to represent our employer clients. As the defense against workers’ compensation lawsuits, we help our clients by:
- Representing their interests at pre-trial hearings, trials, depositions, and during oral arguments.
- Attend all proceedings on the client’s behalf.
- Assist in investigating injurious accidents and other incidents that result in claims against the employers’ workers’ compensation policy.
- Attend claims reviews when necessary.
- Negotiate for the most cost-effective closure of valid workers’ compensation lawsuits and accident/injury/illness claims.
At Sacks Law Group, APC, our Van Nuys workers compensation lawsuits attorneys have strong trial experience and litigation skills along with unparalleled knowledge of California’s workers’ comp procedures and laws. Reach out to our team for help with your workers’ compensation lawsuit now. You can contact us for a consultation of your case by clicking here or calling 310-216-7778.