Thorough Uninsured Employers Legal Representation
If a workers’ compensation claim is brought against an uninsured employer, the defense counsel that is chosen must work quickly and efficiently in an effort to protect this business.
The Bay Area attorneys at Sassano & Fleischer Attorneys at Law will investigate the claim of the employee while determining if the employer is, in fact, uninsured. In some cases, we are able to discover insurance, while in others, we can help the employer establish new insurance. Failing to defend an uninsured claim can trigger the involvement of the UEBTF. Once the State pays benefits on your behalf, they become a primary creditor with the power to attach liens to your assets. Our goal is to prevent the UEBTF from ever issuing a payment, keeping your resolution costs manageable and your assets protected.
Professional Representation And Business Counsel
The costs associated with these complex legal issues can single-handedly destroy a business. Many of the clients our firm represents are small businesses and sole proprietors in contracting professions. We position ourselves not only as professional representation, but we are also constantly serving as counsel in an effort to help your business function at its highest capacity.
Our attorneys have decades of combined experience helping a variety of businesses as they face the complexities associated with workers’ compensation defense. As former claims adjusters, our lawyers have an added layer of knowledge with which to help our clients. We understand the importance of swift, thorough legal service and we are determined to help our clients with each of their unique concerns in an effort to obtain the best outcome possible.
Strategic Protection In High-Stakes Litigation
In California, being an uninsured employer is more than a clerical oversight; it is a legal emergency. When a workers’ compensation claim is filed against a business without active coverage, the state moves quickly and the financial consequences can be devastating. Since 1997, Sassano & Fleischer Attorneys at Law has served as the shield for Northern California businesses, utilizing our unwavering focus to guide clients through the treacherous waters of the Uninsured Employers Benefits Trust Fund (UEBTF).
The Former Claims Adjuster Advantage In Uninsured Cases
What sets our firm apart is our Insider Intelligence. Many of our attorneys began their careers as claims adjusters, giving us a perspective that traditional law firms simply cannot match. Because we have been on the other side of workers’ compensation claims, we are uniquely equipped to:
- Anticipate state tactics: We understand the investigative playbook used by state agencies like the UEBTF and the Division of Labor Standards Enforcement (DLSE). We know exactly what evidence they are looking for to justify penalties or stop orders.
- Identify documentation gaps: We spot the missing links in employment records, payroll data and safety logs before they become vulnerabilities.
- Facilitate retroactive coverage discussions: If there is a dispute regarding a policy lapse, we know how to communicate effectively with insurance carriers and brokers to investigate potential “back-dating” or coverage reinstatement options.
- Master the evaluation process: We understand how a claims examiner values an injury. By speaking their language, we can often drive down the projected value of a claim, which directly reduces the employer’s ultimate financial liability.
Immediate Steps When Facing An Uninsured Claim
Time is your greatest enemy in an uninsured claim. The state moves with mechanical efficiency, and a delay in response can lead to liens on your business assets or criminal charges. Our relentless determination begins the moment you contact our Lafayette office.
If you have received a notification of a claim and lack insurance, you must follow these immediate protocols:
- Gather vital documentation: Immediately secure all payroll records, timecards and any written correspondence with the employee. We will review these to determine if the worker was even an employee under the law or if an independent contractor defense applies.
- Cease all direct communication: Do not attempt to negotiate or settle with the injured employee directly. These communications can be used as admissions of liability. All contact should be funneled through your legal counsel.
- Explore emergency coverage: While it won’t cover the current claim, we can guide you through the steps to secure immediate coverage to lift any stop orders and prevent further daily penalties that can reach thousands of dollars.
Proven Excellence in Defense
Contact Sassano & Fleischer Attorneys at Law
At Sassano & Fleischer Attorneys at Law, we provide tailored advocacy designed to mitigate your exposure and keep your doors open. Whether we are challenging the employment status of the claimant or aggressively defending the nature and extent of the injury, we bring decades of specialized experience to the table. We don’t just defend a case; we protect your livelihood.
To schedule a consultation, call 800-724-1727 or fill out our online contact form.