Being partially at fault does not matter when it comes to the benefits you’re entitled to. The only thing that would prevent you from receiving benefits would be being the aggressor in a physical altercation involving a co-worker or customer that led to your injury. If two or more people get into a fight while working, the person who starts the fight can be denied workers’ compensation benefits. The other person could receive benefits if they can show they were attacked and did nothing to physically instigate the fight.
Does An Injured Worker Have To Be At Their Physical Place Of Employment To Qualify For Workers’ Compensation?
The answer to this question depends. If you work on-site at your employer’s location, then yes, you definitely are entitled to benefits for your injury there. If your job requires you to be on the road, like a truck driver, ambulance driver, police officer, or delivery driver for UPS or FedEx, and you were injured, whether it was from a car accident, lifting items you are delivering, or you tripped and fell, you would still be entitled to benefits. Even if driving isn’t part of your normal job but you were asked to run an errand and were injured, you would still be entitled to benefits. Let’s say that your company runs out of paper and you have to print something that day. If an employee is sent to the store and get into an accident either going to or returning from the store, they are entitled to benefits.
Another situation is where you’re employed by one company but you perform your work at another company. This happens a lot with temporary workers who get jobs through labor agencies. Technically, their employer is the labor agency, but they go to work at some other location for the day, for the week, or for however long. If they’re injured, they’re entitled to get benefits from the company that sent them there.
What Are The Proper Steps To Take If You Believe You Have A Valid Workers’ Compensation Claim In California?
You first want to report your injury to a supervisor, a manager, or a designated person if your company has one. Your employer should then give you a form to fill out. If you tell them that you need medical treatment or if it appears that you need medical treatment, it’s their responsibility to send you to be seen by a doctor for the injury. That is the proper way to handle the immediate aftermath of an accident. If you do not immediately report your injury, you may still be able to receive benefits.
There are some situations where you report the injury but it’s either ignored or met with questions about your desire to keep working there. When that happens, people often return to work because they’re afraid of being terminated. If you’re worried about your job, or if you’re unable to work but were discounted when you reported your injury, you should go see a medical provider on your own. It could be a free clinic or a discounted clinic. As long as you go there and have your injuries documented, it will make it a lot easier to bring your injury claim later.
How Long Does Someone Have To File A Workers’ Compensation Claim In California?
Under the law, you have one year to file a claim, but there are many exceptions. For cumulative trauma injuries, the one-year limit doesn’t necessarily start on the day that you were injured or started feeling pain in your body. Instead, the things that would determine how long you have to file would include: 1) did you report your injury? 2) was your report ignored? And 3) Was your injury caused by an accident or is it a cumulative trauma injury.
One thing that can extend the time you have to file is if your employer stops giving you medical treatment after initially providing you benefits. You can file a claim within a year from the date of the last benefit that they provided to you. That’s a very complex issue that you would need an attorney to assist you with.
For more information on Workers’ Compensation Cases in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 967-8691 today.
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