Do You Have to Have Workers’ Compensation Insurance
Workers’ compensation insurance is designed to help both employers and employees. This system offers protection for employees who sustain work injuries as well as for employers so that they do not have to face costly lawsuits brought by employees who get hurt on the job. Even though paying for workers’ compensation insurance may seem burdensome, particularly for small businesses, the reality is that this is necessary and required under California law.
It cannot be overstated just how important it is for employers to provide their employees with workers’ compensation insurance. Not only will employers face significant civil and possible criminal penalties handed down by California, but they could also open themselves up to tremendous liability in the event a worker is injured and files a personal injury lawsuit.
Penalties for Failing to Carry Workers’ Comp Insurance in California
If we turn directly to California law regarding workers’ compensation insurance, we can see that it will be considered a criminal offense to not provide workers’ compensation insurance for employees. Any employer who fails to provide this type of insurance could even face criminal charges. Not providing workers’ compensation in California is considered a misdemeanor offense and is punishable by up to one year in county jail, a fine of not less than $10,000, or both.
On top of the criminal penalties assigned to individuals who fail to carry workers’ compensation insurance, the state could issue various civil penalties of up to $100,000 against employers who do not provide insurance. Additionally, these are not the only penalties that an employer could face. Some other consequences of not providing workers’ compensation insurance can include:
- Various fines are assessed against the business for each day that the employer fails to purchase insurance
- The closure of a business until workers’ compensation insurance is obtained
- A 10% surcharge applied in addition to any disability claim made by an employee, on top of the requirement to pay the injured employee’s legal fees
As we mentioned above, employers who fail to carry workers’ compensation insurance could open themselves up to significant liabilities. Any worker who sustains an injury could file a personal injury lawsuit against the employer in an effort to recover compensation for their losses. When an employer has insurance, they will not have to pay any additional money to an employee when an injury occurs. The workers’ compensation system will pay for medical bills and lost wages. However, if an employer faces a personal injury lawsuit because they did not have insurance, this opens them up to having to pay all of a worker’s expenses, including their medical bills, lost wages, pain and suffering damages, and more.
Our Approach To Workers' Compensation Defense Gets Results
The firm’s lawyers take an assertive, even aggressive approach to workers’ compensation defense. When evaluating a case, they look at every aspect of the events leading up to the accident, how the accident itself occurred, and the medical file. In particular, they look for evidence of fraud or third-party liability. They believe that while an injured worker deserves the compensation to which he or she is entitled, insurers and employers should not have to pay a penny more than the claim merits.
The attorneys are skilled at handling the following workers’ compensation issues for California employers:
- Uninsured workers’ compensation defense: We are a trusted resource for employers who have not purchased workers’ compensation insurance. We provide practical solutions to challenging problems.
- Labor Code violations under section 132a: We provide a robust defense to employers accused of retaliation or discrimination following a workers’ compensation claim.
- Defense of accusations of serious and willful misconduct: There are several possible defenses to an allegation of failing to maintain a safe work environment. We have a strong track record of success.
- Workers’ compensation subrogation: Pursuing third-party liability claims in the workers’ compensation arena is difficult. We work quickly to preserve key evidence and send a strong message to the injured worker’s attorneys.
Hire a Firm With a Reputation for Excellence and a Dedication to Service
A workers’ compensation defense lawyer in Los Angeles faces a challenging and ever-changing legal environment. Whether the matter involves questions relating to a medical evaluation, termination of employment of an injured worker, or an uninsured employer, Sacks Law Group, APC, utilizes all aspects of the law to protect the interests of its clients.
The firm’s attorneys have worked hard to build a reputation in the past four decades that sets Sacks Law Group, APC, apart from other law firms. While Sacks Law Group, APC, works aggressively to build a wall of defense around employers, the attorneys are extremely accessible to clients. The attorneys are courteous and answer calls and questions promptly.
For a consultation with a workers’ compensation defense lawyer at Sacks Law Group, APC, call 310-216-7778 or contact the firm online.
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 claims are designed to support employees injured on the job. However, fraudulent claims can undermine this system, driving up costs for businesses and hurting employees with legitimate needs.…
Facing a workers’ compensation claim as an uninsured employer can be overwhelming. California has strict laws requiring employers to carry workers’ compensation insurance, and failing to comply can lead to…
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…