Does my Injury Qualify for Workers’ Compensation?
If you have been injured on the job, your injury will probably be covered by California’s workers’ compensation program. Of course, not all injuries that occur at work will be covered by the program. The state has set forth some regulations for an injury to be paid for by the program.
In order to qualify for WC, the following conditions must be met:
- The injured person must be a legal employee of the company. This excludes contractors.
- The injury must be medically verified.
- It must cause the worker a disability that interferes with or prevents the worker from performing their job.
- The injury must have occurred while the worker was performing their job.
That being said, not all injuries are covered by WC. Injuries that were intentionally self-inflicted, or those that occurred while a worker was intoxicated, do not qualify for WC. If a worker is injured in an altercation that he started, that would also not be covered by workers compensation. Additionally, injuries that occur at the workplace when the worker is off-duty or performing voluntary activities are not covered.
Are Pre-Existing Injuries Covered?
In some instances, a pre-existing injury could be covered by workers’ compensation. However, the pre-existing injury would have to be aggravated in such a way that it causes an increase in the worker’s existing disability, and requires the need for new medical treatment.
“If you have been injured at work, you will usually need to file for workers’ compensation. In rare cases, you might actually have a personal injury case instead of a WC case. You should consult with an experienced personal injury attorney if you are unsure about your specific case,” said Attorney Walter Clark, founder of Walter Clark Legal Group.
Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today at (760) 777-7777 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.
DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.