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Los Angeles Employer Workers' Compensation Law Blog

Employer defense can be used to appeal OSHA citations

Ensuring the safety of workers is typically a top priority for any employer in California. However, there are times that workplace accidents happen despite an employer's best efforts. This is unfortunate for the injured worker as well as the employer, especially if work safety violations result in the need for launching an employer defense.

This is what happened to one construction company after a workplace accident that resulted in the death of one worker in April. The construction company was fined $38,250 recently for the incident. Apparently, a pipe had somehow crushed a worker to death. The construction crews were working at a construction site close to the highway, according to the latest reports from work safety officials.

Many employers worry about employee fraud, yet remain unprepared

Business owners in California should always be looking to reduce wasteful and unnecessary spending. Although many business owners and managers know how to make their daily operations more efficient, few know how to detect fraudulent workers' compensation claims. This can be important in keeping a business profitable, since employee fraud can cause workers' compensation premiums to increase, which ultimately costs businesses more money.

A recent survey illustrates this situation by polling small business owners regarding workers' compensation fraud. The report showed that one out of every five business owners feels ill-equipped to detect fraudulent workers' compensation claims. Approximately 13 percent of small business owners surveyed admitted they were concerned that one of their workers would commit workers' compensation fraud. Over 20 percent of small business owners stated they were unsure about their ability to spot a fraudulent claim.

Chemical accident has Dupont pursuing an employer defense

Many industrial work sites, including quite a few in California, are risky due to the amount of dangerous chemicals commonly present. This can cause a worker to suffer serious injuries if proper safeguards are not maintained. Safety violations can result in citations from work safety inspectors. A strong employer defense strategy may be the key to protecting business interests.

DuPont is facing this situation. The Occupational Health and Safety Administration recently labeled the chemical company as a "severe" violator of work safety regulations. The decision followed a second inspection by OSHA of a DuPont chemical plant in another state where four workers were killed last November following a treacherous gas leak.

Worker falls 40 feet, injured worker claim possible

Construction workers put themselves at risk on a daily basis in California. One of the most common dangers that they have to deal with is working from tall heights. Unfortunately, one construction worker recently fell from a tall height and was critically injured. This may result in an injured worker claim.

The 53-year-old construction worker fell approximately 40 feet and landed on a piece of concrete. The precast concrete had also fallen at the construction site located at an airport parking garage. The construction crew was attempting to hoist the 32-ton concrete piece. The worker was attempting to secure the concrete panel when he fell.

Employer defense required after OSHA citations

The unexpected death of a worker is understandably devastating for the worker's family and his or her community in California. One community in another state was recently faced with this situation following a workplace accident that occurred about a year ago. Dozens recently gathered to remember the victim who lost his life while on the job. However, the tragedy of the fatal workplace accident also affects the employer who may now require an employer defense.

The accident had spurred an investigation by the Occupational Safety and Health Administration. After three inspections, OSHA issued fines against the company for five alleged work safety violations. The fines levied by OSHA against the company totaled more than $500,000. Approximately $220,000 of those fines were related to this specific fatal workplace accident. There were five violations which OSHA claims were related to the specific deadly workplace incident.

Possible citiations will require employer defense strategy

Construction companies should always be looking to improve the safety of their work environments in order to avoid possible future legal problems resulting from workplace accidents in California. This is particularly important since construction workers are always working around heavy machinery and tall heights that could increase the chances of severe injury or even death when an incident occurs at a construction site. Employer defense may be required in the case of an injured worker claim or citations from work safety authorities.

A construction company may find itself in this type of situation following a recent workplace accident that proved to be fatal. The incident happened one morning at a work site at a new building. The construction crew had been installing a new roof for Custom Floral Design at the time. Apparently, a worker fell approximately 20 feet onto a concrete floor.

Worker crushed in fatal accident, employer defense may be needed

Factory workers in California need to be especially careful and aware of their surroundings. This type of work environment comes with various dangers thatĀ could result in a serious workplace accident. It is not uncommon for factory workers to be surrounded by heavy machinery and large objects that could be deadly if one is not careful. However, if a fatal accident does occur, it is likely that there will be an investigation by work safety authorities resulting in a potential need for an employer defense.

One factory recently experienced a fatal incident early one day in mid-June when one worker died in a workplace accident. Apparently, the man was crushed to death after becoming trapped underneath a ramp. An ambulance arrived on the scene just prior to 8 a.m. When the ambulance personnel arrived, they found the 35-year-old worker trapped underneath a truck's low load ramp.

Employer defense maybe needed after work falls off boom truck

It takes significant amounts of human resources in order to maintain a city's infrastructure. This includes upgrading various aspects of city streets. Recently, one city in California contracted an electrical and lighting company to replace thousands of city streetlights. However, during the process of upgrading the city streetlights, one worker was killed, which could result in a need for the subcontracting company to prepare an employer defense legal strategy.

The fatal incident happened one morning in late June when a worker fell from a boom truck. The 38-year-old worker was working for ABM Electrical & Lighting at the time of the accident, which occurred at approximately 9:40 a.m. The victim was pronounced dead by authorities at the scene of the workplace accident.

Uninsured employers may end up behind bars in California

Employers are legally required to provide workers' compensation insurance for employees in California. Failure to do so can result in serious legal repercussions, including fines or even time behind bars for uninsured employers. It turns out one employer has recently found himself in this type of situation.

The employer is the owner of a construction firm, RAR Renovations, Inc., that was contracted to work on a luxury condominium project. However, it turns out that somehow the employer failed to cover as many as 25 workers who had worked on this particular construction project. A county court ordered the 45-year-old owner of the construction firm to reimburse three companies that suffered losses as a result of RAR's non-compliance.

Worker pleads guilty to employee fraud charges

The law is made to protect everybody from being exploited. In business, this includes workers as well as employers in California. However, sometimes an employee will take advantage of the system by exaggerating an injury in order to unfairly obtain benefits via workers' compensation. This can result in criminal charges of employee fraud with the potential for serious penalties.

This is exactly what happened recently when one construction worker was charged with workers' compensation fraud. Investigators began looking into the man's case when it was reported that, during the day, he was difficult to contact. Also, people reported that when they were talking with him on the telephone, they could hear machinery running in the background. Investigators discovered that the man had began working for his own construction business while still collecting disability benefits.

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