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California When Employers Refuse To Pay Workers' Comp
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If You Have Been Denied Workers’ Comp, We Can Fight for Your Rights and Help You Get the Compensation You Deserve.
Our experienced team of attorneys knows the ins and outs of California’s workers’ comp laws and will work tirelessly to ensure your rights are protected.
Contact Goldberg & Loren now for a free consultation and take the first step towards getting the workers’ comp benefits you are entitled to. Don’t let your employer deny you the support and assistance you need – we are here to fight for you.
Do You Qualify for Workers’ Compensation?
To be eligible for workers’ compensation benefits, the following conditions must generally be met:
- Employment Status: You must be an employee, either a full-time or part-time worker, to qualify for workers’ compensation. The employer-employee relationship must exist, and the work you were performing must have been in service to your employer.
- Work-Related Injury or Illness: Your injury or illness must have been caused by or occurred during the course of your employment. This includes accidents that happen on company premises, as well as injuries sustained while performing job duties off-site or during work-related travel.
- Timely Reporting: Report your injury or illness to your employer as soon as possible. In California, you generally have 30 days to report the incident, but it is best to notify your employer immediately to ensure the timely filing of your workers’ compensation claim. Failure to report within the specified time frame may jeopardize your eligibility for benefits.
- Medical Treatment: Seek medical treatment for your work-related injury or illness from an approved medical provider network (MPN) doctor or a pre-designated personal physician. Under California law, injured employees have the right to choose their treating doctor from an approved list or may select their own personal doctor if certain conditions are met.
Even if you meet these criteria, there may be certain circumstances where your workers’ compensation claim could be denied.
All California employers must provide workers’ compensation benefits to their employees under California Labor Code Section 3,700. If a business employs one or more employees, then it must satisfy the requirements of the law. [1]
What To Do If Your Employer Refuses Your Workers' Comp Claim
Submit a Separate Claim to the Workers' Compensation Carrier
Filing a separate claim with the workers’ compensation carrier is a way to bypass an uncooperative employer and work directly with the insurance company. This can be a viable solution if your employer is denying your claim or refusing to provide the necessary benefits.
Filing a separate claim with the workers’ compensation carrier does not absolve your employer of their legal responsibilities. Employers in California are required by law to provide workers’ compensation insurance coverage for their employees.
There is a responsibility to provide the employee with a list of medical providers and facilities that are covered through the workers’ comp plan. When the completed paperwork is in hand, the employee must notify the state’s workers comp board.
Failing to submit the paperwork can result in steep fines, depending on the injury. Fines could be assessed in the hundreds to thousands of dollars by the state board, but more serious consequences can ensue. [2]
Initiate a Civil Lawsuit Against your Employer
When your employer refuses to file a claim, you should consult with our experienced workers’ compensation attorneys, who can guide you through the legal options available.
In California, employees have the right to file a civil lawsuit against an employer who fails to provide workers’ compensation benefits. This legal pathway allows employees to seek compensation for medical expenses, lost wages, and other damages resulting from a work-related injury or illness.
Employees can also report the employer to the Division of Workers’ Compensation in California. The division has the authority to investigate complaints and take appropriate action against non-compliant employers.
You Can File a Civil Lawsuit to Claim Damages
Filing a civil lawsuit against an employer who refuses to provide workers’ compensation benefits, requires you (with the help of our attorneys) to file a complaint in the appropriate court. The complaint will outline the facts of the case, including the employer’s refusal to file a workers’ compensation claim and the damages suffered as a result.
Throughout the lawsuit, the burden of proof lies with you. You must provide evidence to demonstrate that your injuries were caused by a work-related incident and that the employer failed to comply with workers’ compensation laws. This could involve presenting medical records, witness testimony, and other evidence to support your claim.
Related Information
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Workers Compensation
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Backdated Benefits
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Work Comp Fraud
When to Reach Out to a Workers' Compensation Attorney
There are instances where employers may wrongfully deny or delay the provision of these benefits.
In such situations, our workers’ compensation attorneys can step in to protect your rights. We will thoroughly review the details of the case and gather evidence to demonstrate that the injury or illness was directly work-related. We will also show that the employer’s refusal to pay workers’ compensation benefits violates the law.
Are you struggling to receive the workers' compensation you deserve after a workplace injury?
Goldberg & Loren is here to help. Our team of experienced workers’ compensation attorneys in California specializes in cases where employers refuse to pay workers’ comp. We understand the stress and frustration you may be feeling, and we are dedicated to fighting for your rights.
Contact us today to schedule a free consultation, and let us help you. Don’t wait another day – take action now to protect your rights and secure the financial support you deserve.
Sources:
[1] Workers’ Compensation – Injured worker information, D. O., & California, S. O. (n.d.). DWC FAQs for employers. DWC FAQs for Employers. https://www.dir.ca.gov/dwc/faqs.html
[2] StackPath. (n.d.). StackPath. https://www.insuremyworkcomp.com/2021/08/16/can-an-employer-refuse-a-workers-comp-claim/
We fight hard for our clients whose employers refuse to pay workers' compensation in California. Our personal injury lawyers fight for maximum compensation.
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