Injuries that are Not Covered by California Workers' Comp
In California, employers are required by law to provide workers’ compensation benefits to any employee who becomes injured on the job. The injured worker is eligible to obtain benefits for a particular event which occurred during the scope of their job duties or a series of repeated exposures that resulted in an injury—no matter who is at fault.
Alternatively, workers are not eligible for benefits if the injury occurred while:
- Violating a workplace safety rule such as drinking on the job
- During their lunch break
- Attending a company function such as corporate picnics or holiday parties
- Travelling to and from the workplace, although business trips are often covered
If your worker’s compensation claim was denied after a disagreement regarding whether or not your injury should be covered, you have a right to challenge the decision. To do so, you need to have an evaluation performed by a qualified medical evaluator, file a case at a Division of Worker’s Compensation office, then file an “Application Readiness to Proceed.”
At this hearing, you and the claims administrator appear before a judge to discuss a settlement. If a settlement is not reached, the case will be scheduled for trial. It is best to consult with a lawyer who can work to resolve your case in your favor.
If you are looking for a workers’ comp lawyer in Los Angeles or Orange County, contact Alvandi Law Group today. Get 30+ years of experience on your side!