At Hanning & Sacchetto, LLP, our Whittier workers’ compensation attorneys know that getting hurt at work can change our clients’ lives without notice. While California is a no-fault workers’ compensation state — whose legislation was designed to provide prompt, automatic benefits to workers injured on the job — there are instances where some employers may interfere with their employees’ claims.
Here are the most common reasons your workers’ compensation claim may be in jeopardy because of your employer’s actions, and what you can do about it.
Why Would My California Employer Interfere with My Workers’ Compensation Claim?
The initial reason your employer would interfere with your California workers’ compensation claim is if the injury did not — or they believe it did not — occur at work. This is usually the case if the employee did not report the injury as soon as it happened, or within the 30-day window in which they are required to report it.
If you did report the injury right away, sought medical care immediately, and believe your employer is simply unwilling to report your workers’ compensation claim to their insurance provider, contact our experienced Los Angeles County attorneys today for help.
Although illegal, other reasons California employers may interfere with workers’ compensation cases may include an attempt to avoid:
- Increases in workers’ compensation premiums.
- Hiring temporary workers or incurring overtime costs to make up for the absent employee.
- Reports on an unsafe work environment, or the need for a safety inspection, which may include fines and penalties or work stoppages.
- The additional administrative costs of filing a claim with the insurance company, state or federal inspectors, or other government regulators.
- Spending considerable time and funds to repair any equipment that was damaged, or found to be defective, because of the accident.
- Damage to the company’s reputation.
If you have been injured in a California workplace, you are entitled to pursue workers’ compensation, including medical care expenses, lost wages, and other benefits for the duration of your injury. Do not let your employer try to convince you otherwise.
How California Employees Can Respond to Employers Interfering with Workers’ Compensation Claims
California employers have a legal obligation to provide employees with all the paperwork needed to make a formal report of an injury suffered in the workplace — despite the consequences the file will cause.
When workplace injuries occur and employers ignore the workers’ compensation process, the injured employee has options.
If your employer does not report your injury within a specified time, you can:
- File a separate claim with the California Workers’ Compensation Board.
- Contact an experienced California workers’ compensation attorney to move our claim forward.
California law requires all employers to cooperate with their employees during workers’ compensation claims, and if they do not, injured workers can take legal action to enforce their rights.
If you believe your employer is purposefully trying to derail your workers’ compensation benefits, contact our California attorneys at Hanning & Sacchetto today by calling (562) 698-6446 to schedule a free consultation today. We can help pursue your claim, even if it has already been denied. Contact us now to learn more.