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Injuries that are Not Covered by California Workers' Comp

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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!