All employers must carry workers’ compensation insurance under California labor laws in case of an employee on-the-job injury. When an employee files a claim for benefits, a number of legal issues could arise depending on the circumstances surrounding the claim. Whether you are an uninsured employer looking to minimize your business’s risks or you want advice about coverage issues and arbitration, consulting with a workers compensation defense attorney is advisable for all employers with employees on their payroll.
Helping You Fight Fraudulent Claims
There are times when employees file fraudulent claims for workers’ compensation benefits that they are not legally qualified to receive. Employers end up paying the price for these acts of fraud via raised annual premiums and could end up paying even more if the employee files a lawsuit after making a fraudulent claim. The workers compensation attorneys at Sacks Law Group, APC can help you and your business fight fraudulent claims in court.
Not only does an employer face these penalties but if you are uninsured or self-insured you may be held liable for not having adequate workers compensation insurance. Even if you successfully prove that the workers’ compensation claim was not valid or was fraudulent, the state of California can still bring fines and incarceration against you. The business may need to be closed down temporarily until workers’ compensation insurance is active or may need to be shut down for good.
Advice And Defense For Uninsured Employers
We understand that many employers opt out of carrying insurance for a variety of reasons. However, when an employee files a claim for benefits, uninsured employers and their companies become extremely vulnerable and need expert legal counsel in order to avoid harsh penalties under both criminal and civil law.
Penalties for Uninsured Employers
As we mentioned there can be harsh penalties that stem from not having workers’ compensation insurance. Fines are determined by the court and can be upwards of $100,000. Fines can range from $2,000 to $10,000 for each employee that was working for you at the time of initial claim. For small businesses, especially these fines can lead to a range of other issues acting as a domino effect. Having to pay these fines can lead a business to go bankrupt and even have to close down permanently.
The Risks of Being Self-Insured and Uninsured
Workers’ compensation claims can get complicated fairly quickly and it is important to know the risks associated with not having workers’ compensation. You and your business may be subject to the following:
- Potential civil suits from injured workers
- Criminal convictions
- Personal fines
- Fines from the California Labor Commissioner
- Potential business closure
- Possible 10% surcharge added to a disability claim, plus attorney fees for the worker
Your business has been built from the ground up and you should not have to lose it all because of one employee injury. A Santa Ana uninsured employer’s defense attorney can help you navigate through the legal intricacies that these kidneys of cases bring.
Risk Management Counseling Is Available
Employers who wish to gain a better understanding of their workers’ compensation-related risks and how to manage them are encouraged to contact Sacks Law Group, APC for a consultation. We offer advice to minimize risk when employees file claims for workers’ compensation benefits and can help you protect your business while mitigating those risks.
Arbitration And Coverage Issues
If your employee has filed a claim and you are experiencing coverage issues due to a dispute with one or more insurance carriers, our attorneys can help. We have successfully resolved coverage issues in arbitration for employer defense and can do the same for you if you face any coverage issues after filing a claim.
Keep in mind that depending on the specific circumstances of the claim, arbitration may not be the best route to take, and instead, it will need to go to trial. Arbitration is specific to cases where the insurance company says they are not in the position to defend the case or to pay if the case is lost. This can leave employers in a difficult situation which is why a Santa Ana uninsured employers defense attorney should be your first call.
Other Workers’ Compensation Issues we Handle
Having a business is a lot of work and you may not be well versed in all of the legal matters that come with it. Sacks Law Group, APC understands this and is well-versed in all matters of workers’ compensation. We cover different areas of workers compensation defense including:
- Defense against fraudulent claims
- Self-insured employer counseling and case resolution
- Risk minimization counseling and advice to uninsured employers
- Defense against discrimination claims
When a claim is brought against you it is important to take action immediately. We will need to gather evidence and look at all of the facts of the case in order to determine the best strategy moving forward. We can also give you a pathway to recovering from such serious legal matters and continue to grow.
Workers’ Compensation Defense Attorneys In Santa Ana
The attorneys at Sacks Law Group, APC specialize in workers’ compensation defense. Our job is to help our clients protect their businesses, and we offer legal services to address a variety of workers’ compensation defense needs for employers. We have the skill and experience to handle all types of legal disputes arising from workers’ compensation claims. We can investigate fraudulent claims and advocate for you and your business, and we can defend and advise uninsured employers as well as offering assistance during the arbitration. Our goal is client satisfaction, and our track record of favorable client outcomes speaks for our ability to successfully advocate for you and your business. Contact us for a consultation today.
310-216-7778
