Are There Consequences to Taking the Fifth in a Workers’ Comp Case?

The following is a guest blog post by Michael W. Sullivan of Michael Sullivan & Associates LLP, an aggressive workers’ compensation defense firm with offices throughout California. Mr. Sullivan is a bar-certified Specialist in Workers’ Compensation Law.

The Fifth Amendment protects a person from answering “official questions in any other proceeding, civil or criminal, formal or informal, where he or she reasonably believes the answers might incriminate him or her in a criminal case.” Spielbauer v County of Santa Clara (2009) 45 C4th 704, 714. This includes workers’ compensation proceedings. But does invoking the Fifth Amendment have any consequences for an injured worker? Continue reading