Why You May Need To Deny A Workers’ Compensation Claim
At Sacks Law Group, APC, we understand that there are various reasons why you may need to deny a workers’ compensation claim made by an employer. The reality is that the claim may not be legitimate. Some of the most common reasons that an employer may need to deny a claim include:
- If the employee did not report the injury within the required timeframe
- If there is a discrepancy between the accident report in the initial medical records
- If the employee was under the influence of alcohol or drugs when the incident occurred
- If the employee was horse-playing at the time the incident occurred
- If the claim was filed after an employee was terminated or laid off
- If your employee refused to give a recorded statement or sign medical release authorizations
- If you have evidence that the injury did not occur in the workplace or during work-related activities
This is certainly not an all-inclusive list of the reasons that you may need to deny a workers’ compensation claim made by an employee. However, the employee could very well appeal the denial.
Handling These Appeals On Your Behalf
Whenever an employee files an appeal with the Workers’ Compensation Appeals Board (WCAB), you and the insurance carrier will be notified. The appeals board has 60 days to accept or deny the appeal. If either you or the claimant is unhappy about the appeal’s board decision, you (or the employee) can appeal the decision to the state appellate court for a “writ of review.” Finally, if you (or the employee) are unhappy with the appellate court decision, you could technically file the appeal all the way to the California Supreme Court. However, the Court rarely hears workers’ compensation appeals cases.
At every step of the way, you need to be represented by a Los Angeles workers’ compensation appeals lawyer who has experience handling these claims.
Call Our Los Angeles Employer Workers’ Compensation Lawyer Today
If you are an employer and are trying to deal with an appeal made by an employee or former employee focused on a workers’ compensation denial, turn to the team at Sacks Law Group, APC, for help today. Our attorneys have extensive experience handling complex cases like this, and we have a thorough understanding of California workers’ compensation laws. We have a proud history of standing up for employers in these situations, so let us get to work on your behalf today. When you need a workers’ compensation appeals attorney in Los Angeles for your business, you can contact us for a consultation of your case by clicking here or calling 310-216-7778.
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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.
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