This defense is meant to avoid payouts to workers trying to defraud the system. Under the “self-inflicted” injury defense, the employer argues that the employee is trying to cheat the workers’ compensation system by causing his or her injuries in order to get some time off of work and get compensation. Our company consists solely of the most committed, knowledgeable, experienced, and reliable workers’ compensation lawyers in Long Beach, CA and other nearby communities. Over our twenty years of experience we’ve gained a deep understanding of the work comp laws in California.
In addition, most California employees have avenues available to them to protect them from losing their jobs when they request medical leave or short-term leave from work. Many of our attorneys are certified workers’ compensation specialists, as well as adjunct professors of law and national speakers. In California, yearly workers’ compensation seminars are presented statewide covering all aspects of workers’ compensation law and practice. The attorneys defending workers’ compensation claims represent the defense of third-party administrators, insurance carriers, and employers against the claims of employees. Our attorneys are highly skilled in all aspects of discovery and trial work. We have successfully defended against large exposure cases that include fibromyalgia, reflex sympathetic dystrophy, psych and stress claims, asbestos claims, along with the more common orthopedic, psych, and internal injury claims.



Whether it is the soaring costs of medical treatment, excessively extended periods of temporary total disability, or the liberal awarding of permanent disability, workers’ compensation defense must be proactively managed and litigated. In order to successfully defend claims, it is imperative that the workers’ compensation insurer and third party administrators, in tandem with aggressive and competent counsel, work as a team to defeat claim exposures. The Workers’ Compensation Practice at Lewis Brisbois has been designed to address all needs in this regard.
The employer then fills out the other part of the form and gives it to someone designated to handle works' compensation claims. The employer must return, or mail, a copy of the completed form to the injured worker within 1 day. After being told about the injury, the employer has 1 day to give the worker the necessary form to file for workers' comp, which is called a Compensation Claim Form . The employer must return or mail a copy of the completed form to the injured worker within 1 day. If the employee was displaying reckless behavior or was engaged in misconduct that violates the company’s policy at the time of the injury, he or she may not be entitled to workers’ compensation. An employer can argue that horseplay led to the injury, thus claiming that the employee's claim is void.

This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.© 2023 All Rights Reserved. The information presented is posted as submitted by each reporting public employer. On March 3, 2022, Semaan pled guilty to a court offer that required him to plead guilty to all the charged counts and enhancements.
New policy updates will improve claims processing for federal firefighters with certain occupational diseases. Unless the employee also has a work-related illness that would otherwise require days away from work, time spent in quarantine is not “days away from work” for recording purposes. See California Code of Regulations, title 8, Chapter 7, Subchapter 1, Article 2, Employer Records of Occupational Injury or Illness for details on which employers are obligated to report and other requirements. Continuing education and training benefiting clients and employees ensure cutting edge knowledge and service.
It can be difficult for those not familiar with the process to successfully pursue a fair settlement, and many have accepted settlement offers that are far to low considering the degree of the injuries and other damages. The process starts when an injured worker tells their employer about the injury. After being told of the injury, the employer has 1 day to give the worker the necessary form to file for workers' comp, which is called a Compensation Claim Form . The worker fills out part of the form and then files the form by giving it back to the employer.

The IMR is an alternative option to those who have been denied medical care for an injury. This procedure involves an independent physician’s evaluation to determine if the medical treatment is necessary for the mentioned injury. If the doctor determines that the injury is severe, the workers’ compensation system must pay for the treatment. Employers are prohibited from interfering with the rights of an employee to receive workers’ compensation benefits and take FMLA leave, or retaliating or discriminating against an employee for utilizing FMLA. They are also prohibited from making decisions or taking actions regarding hiring, disciplinary activity, or promotions based on an employee’s decision to take FMLA.
But because the use of cappers would be illegal, all of the insurance payouts would be considered part of a fraud ring, Rackauckas said. Prosecutors allege that the cappers distributed a variety of fliers and business cards in predominantly Hispanic neighborhoods and at swap meets offering “free consultations” for those who believed they had suffered workplace injuries. We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.

Beginning with an initial consultation to learn the specifics of your case and better understand your needs, we will look out for your best interests. We assist Orange County, California, residents in personal injury cases, including workers compensation, slip-and-fall accidents, motor vehicle accidents and more. We also work with individuals experiencing harassment and discrimination in the workplace. Still, you should get an Orange County workers’ compensation lawyer to review your case.