Respected attorneys passionately defend employers and insurers
Although workers’ compensation laws vary by state, most employers across the country are legally required to carry insurance for their employees. However, you also have the right to investigate unlawful or frivolous claims. At Domingo Elias & Vu, our attorneys have years of experience representing a wide range of insurers and employers. We carefully review the facts of your case, interview witnesses, consult medical experts, and gather evidence. Whether you’re looking for more information on the insurance obligations of employers, or need help defending against a fraudulent workers’ compensation claim, you can trust us to protect your rights as well as your bottom line.
Workers’ compensation obligations of employers
As an employer, you must carry workers compensation insurance for your employees. In fact, if you don’t carry insurance, and a worker gets injured or sick on the job, you may face a civil lawsuit. Additionally, depending on the circumstances, you may be required to pay serious fines and could be looking at criminal charges.
Some of your obligations for legal compliance include the following:
Advise workers of their legal rights: You must post notices in accessible work locations explaining employees’ rights. The notices are legally required to contain certain information including that an employee has the right to medical attention, workers’ compensation benefits, and information about their company’s workers’ compensation carrier.
Explain employee rights to new workers: It is important to ensure that every new employee understands his or her rights including the right to workers’ compensation in the event of illness or injury.
Provide claim forms to injured employees: When an employee notifies you about an on-the-job injury or illness, you generally have 24 hours to provide them with the necessary claim forms. It is also your duty to provide injured employees with written information regarding the workers’ compensation process and how to file a claim.
We focus on advancing your business interests by defending you against the most challenging claims. We identify your legal options and help you navigate towards a resolution.
Defending against a workers’ compensation claim
There are numerous defenses against a workers’ comp claim. Depending on the facts of your case, you may be able to use one of the following defense strategies:
The employee failed to notify you
The injury in question has no link to employment at your company
The state statute of limitations on the claim has run out
The employee is not attending doctor appointments
Fraud or willful negligence
Every workers’ compensation claim is different. We will assess your case and deliver custom-tailored defense counsel to meet your specific needs.