All employers in California are required to obtain the proper no-fault workers’ compensation coverage for full-time and part-time employees. A worker who was hurt on the job has a right to file for workers’ compensation benefits. This raises an important question: What should an employer do if they believe that a worker is filing an invalid workers’ compensation claim in California? Here, our Sacramento workers’ compensation defense law firm answers the questions by providing an overview of the key things that employers should (and should not) do in this circumstance.
Three Things that Employers Should Do If They Believe a Workers’ Compensation Claim is Invalid
1. Do Fill Out the Required Work Injury Forms
Even if suspicion exists regarding the legitimacy of an employee’s claim, it is crucial to complete all required work injury forms promptly. An employer’s delay in the proper documentation of the accident can lead to legal complications and potential fines—regardless of the claim’s validity.
2. Do Gather Evidence that Workers’ Compensation Claim is Invalid
In California, a workers’ compensation claim will generally be presumed valid. To effectively defend a claim, an employer should be prepared to present compelling evidence. All employers should meticulously gather all possible evidence that could support their suspicions.
3. Do Notify Your Claims Administrator of Your Concerns
Be sure to promptly notify the claims administrator about your suspicion that the workers’ compensation invalid claim. If a claims administrator is not notified, they may simply process the Application. Be sure to clearly communicate concerns and share gathered evidence to facilitate an investigation.
Two Things that Employers Should Not Do If They Believe a Workers’ Compensation Claim is Invalid
1. Do Not Refuse to Allow Employees to File Claims
Employers in California must remember that denying an employee their right to file a workers’ compensation claim is strictly unlawful in California. No matter the suspicions or doubts concerning the validity of the claim, an employee still has the legal right to file for workers’ compensation benefits. Obstructing this right can lead to serious legal consequences for the employee.
2. Do Not Take Any Adverse Action Against an Employee
Under California Labor Code 132(a), an employer that “discharges, or threatens to discharge, or in any manner discriminates against any employee” because of a workers’ compensation filing is in violation of the law. It does not matter if the claim is invalid. Employers should avoid taking any adverse action against the employee who has filed a workers’ compensation claim.
Consult With Our California Workers’ Compensation Defense Lawyer Today
At Yrulegui & Roberts, our California work injury defense lawyers are committed to helping our clients protect their interests and resolve problems in a cost-effective manner. Have questions about what to do if an employee files an invalid workers’ compensation claim? We can help. Contact us right away to set up your confidential case evaluation. Our firm defends employers in workers’ compensation cases throughout the region.
