How do I know whether I have a viable workplace injury claim?

On Behalf of Leviton Diaz & Ginocchio, Inc | Sep 03, 2014 |

California workers in most industries are constantly exposed to dangerous conditions at their workplaces. It is only natural for them to be concerned about the potential financial implications of being absent from work for extended periods due to a workplace injury. However, most workers are covered by the workers’ compensation insurance fund, and viable claims for benefits may provide financial aid in the event of an injury on the job.

For claims to be considered, the injury has to be work-related. Any duties performed on the instructions of your employer is job-related. This even includes times when you are off-site, performing a duty on your employer’s behalf. Injuries suffered at company events such as a staff get-together may also be work-related, even if the event does not take place on company property.

Circumstances that often create confusion in determining whether it is work-related or not include injuries that are suffered during scheduled lunch breaks. If the injury occurs in a facility that is provided by the company such as a cafeteria, or if your actions during lunch break involved the employer, it may be regarded as work-related. An injury suffered while a worker is under the influence of drugs or alcohol may not constitute a viable claim, unless it occurred at an event that was sponsored by the company. Conditions that are preexisting and are aggravated by the duties a worker performs on a daily basis, along with mental conditions caused by work duties, usually qualify as work-related injuries.

Workers who are covered by the workers’ compensation insurance fund may not file claims against their employers, except under specific circumstances. After determining the viability of the workplace injury, eligible workers may claim workers’ compensation benefits. Although conditions and limitations exist, the benefits typically cover a percentage of weekly income, along with coverage of medical expenses. For more detailed information about the compensation, California workers may want to visit our [url=`’]website[/url] for an overview of workers’ compensation laws.

Source: FindLaw, “I Have a Job-Related Injury: What are My Employer’s Responsibilities?“, , Aug. 30, 2014

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