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.
We defend uninsured employers.
We wrote the book on it.
Available on Amazon & Booksellers
READ THE REVIEWSEmployers Workers' Compensation Defense
The workers’ compensation defense attorneys at our firm know how to build a strong wall of defense around employers, protecting California employers from frivolous and fraudulent workers’ compensation claims. Sacks Law Group, APC, is skilled at working with in-state and out-of-state employers on all workers’ compensation defense issues, particularly in the areas of:
Prior to any alleged injury or accident, we also counsel employers on ways to stay compliant with the ever-evolving California workers’ compensation laws. California employers benefit from our extensive experience and strong credentials when dealing with employee workers’ compensation fraud, as well as allegations of employer workers’ compensation fraud.
Our Blogs
Workers’ compensation insurance typically covers the costs when an employee is injured on the job. However, when a third party is responsible for the injury, employers in California have the…
As a business owner, you know that workers’ compensation is essential for supporting employees when they face workplace injuries. However, when fraud is involved, it’s not only unfair but can…
When faced with allegations of serious and willful misconduct in the workplace, the stakes are incredibly high. These claims can lead to severe penalties, financial losses, and lasting damage to…