Defenses Against Workers’ Comp Claims | Sacks Law Group
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Common Defenses Against Workers’ Compensation Claims

January 13, 2022
Sacks Law Group, APC
Workers' Compensation Defense

If you’re an employer in California you typically have to purchase workers’ compensation insurance to provide your employees with a means of recovering compensation for their medical bills and related losses if they are hurt at work. However, the fact that an employee filed a workers’ compensation claim doesn’t always immediately mean they deserve the compensation they are seeking. If you have reason to suspect an employee’s claim should be denied, a California workers’ compensation defense lawyer can help you demonstrate why you are in the right.

The specific ways in which a California workers’ compensation defense attorney may defend you against a workers’ compensation claim will depend on the specifics of the circumstances. However, the following are among the more common types of defenses lawyers often use:

The Intoxication Defense

Under California Labor Code Section 3600, a worker may not be eligible to recover workers’ compensation benefits after an on-the-job accident if said accident resulted from intoxication. If a worker was injured because they were intoxicated when their accident occurred, a strong attorney can potentially help you prove this to show the worker does not have a right to workers’ compensation benefits.

Failure to Give Notice

California’s workers’ compensation laws generally require that when workers develop injuries or illnesses as a result of on-the-job accidents or exposure to hazards, workers must give notice to their employers within 30 days of learning about their conditions. If a worker fails to give notice within this timeframe they may waive their rights to workers’ compensation benefits.

Intentional Harm

The notion of a worker harming themselves might seem ridiculous to some. However, it’s not unheard of.

Some employees want to cheat the workers’ compensation system in order to get some paid time off. Thus, they manufacture circumstances which result in them being injured at work so they can file workers’ compensation claims.

It’s possible one of your employees may attempt to pull this trick Just know that proving they harmed themselves intentionally may require conducting a thorough investigation. This is another task your California workers’ compensation defense lawyer can assist you with.

Reckless Behavior

Although this may also be difficult to prove at times, it is technically possible to show that an employee does not deserve to receive workers’ compensation benefits because they were engaging in horseplay which directly resulted in their accident.

Employers who attempt to apply this defense on their own often struggle to gather sufficient evidence showing a worker would not have been injured had it not been for their own unreasonable negligence. It is thus extremely helpful to have a qualified lawyer on your side if you are going to use this defense.

Just remember, these are only a few of the ways a California workers’ compensation defense law firm can assist you when arguing that an employee’s workers’ compensation claim is not valid. At Sacks Law Group, APC, we will thoroughly review the details of your case to ensure we come up with the ideal defense strategy. Call us at 310-216-7778 or contact us online today to learn more.

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