Proving an Injury Is Work-Related Can Be Key to Receiving Workers’ Comp Benefits
There is a longstanding principle of California workers’ compensation — and workers’ compensation law generally — that workers are eligible to receive benefits only if the injury or illness arose out of employment and occurred “during the course” of said employment. This complex and legal wording can be condensed to simply mean that injured or sick workers must show that their medical issues are related to their work.
So long as you can prove that an injury or illness is related to work, then you will likely be entitled to receive workers’ compensation benefits if other eligibility requirements are met as well. Employers are required by law to pay for the workers’ comp benefits of injured workers.
If you have any questions about your right to receive workers’ comp benefits for Orange County workplace injuries, our team at The Ledger Law Firm will make sure your questions are answered and that your rights are protected.
Most Workplace Injuries or Illnesses Are Easy to Prove
It is fairly easy to prove that an injury or illness occurred “during the course” of employment for most of the common workplace accidents. For example, the following types of frequent workplace accidents tend to happen while employees are on the clock and working:
- Slip and falls
- Being struck by falling objects
- Deep cuts and lacerations
- Inhaling toxic chemicals or fumes
If injuries of this nature happen while you are working or doing something that benefits your employer and is within the scope of your work duties, then proving a work-related injury should be fairly routine. Of course, actually filing a claim and receiving benefits can still be a complex process, which is why even the simplest Orange County workers’ comp claim requires the help of an experienced attorney.
There are, however, unusual accidents and injuries that can make it far more complicated to prove that an injury was work-related.
Car Accidents and Travel Injuries
Depending on the scope of your job and when an injury occurred, proving that the injury was work-related can prove more difficult. To take one common issue, suppose an Orange County worker gets injured in a car accident while driving to work.
As a general rule, this is not considered a work-related injury that employers are required to pay. Even so, there are exceptions to this rule if you:
- Were traveling for business
- Were doing an errand for the employer on the way to work
- Are required to bring your vehicle to work every day for business use purposes
- Drive a company-issued vehicle
Of course, employees that are regular travelers (such as traveling salespersons) would be injured in a way that arises during the course of employment, making a car accident a work-related injury for such employees.
Other Common Issues for Proving an Injury Was Work-Related
Injuries suffered on a lunch break or at a company party or sponsored event are all generally considered work-related injuries. There can be exceptions, however, that may result in an injury being viewed by the court as non-related to work. Such exceptions could be made if an injury:
- Occurred at a company event that was entirely optional to attend
- A lunch injury (such as a slip and fall) that occurs away from the job and does not involve picking up lunch for a boss as well
- Injuries that arise out of a worker’s attempt to commit a crime or injure themselves on purpose
Facts like these grow increasingly complex, requiring the help of an Orange County workers’ comp attorney. Contact us online today to speak with a Ledger Law workers’ comp lawyer who will investigate the facts of your claim and right to receive benefits for a work-related injury.
Learn more about Workers’ Compensation:
- Determining If You Are Entitled to Survivorship Benefits for a CA Work-Related Death
- How to File a Workers’ Compensation Claim in California
- How an Orange County Workers’ Comp Lawyer Can Help Your Claim
- What to Do If Your CA Workers’ Comp Claim Is Denied
- What Are the Most Common Reasons for Denying a CA Workers’ Comp Claim?
- Filing a Workers’ Comp Claim Protects You From Employer Discrimination
- What to Do If an Employer Accuses You of Workers’ Comp Fraud?
- How Long Does It Take to Receive CA Workers’ Compensation?
- Calculating Workers’ Comp Benefits in California
- Understanding a California Employer’s Legal Requirements for Workers’ Compensation
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Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater or by both imprisonment and fine.