What Must I Prove to Qualify for Workers’ Compensation Benefits?

 Posted on September 28,2022 in Workers' Compensation

In the state of California, workers’ compensation benefits are intended to help workers who have been hurt on the job get their medical bills paid and receive payment for lost wages. The workers’ compensation system is not based on fault. You can often get workers’ compensation benefits even if your own negligence led to your injuries. You are not able to sue your employer for work injuries in most cases

Before you can receive workers’ compensation benefits, you will need to prove you are a covered employee under California law and that you were injured in the course of your job. You will also need to demonstrate the extent of your injuries.

Are You Covered?

The law, in most cases, will assume that you are covered by the workers’ compensation system. Workers’ compensation generally only applies to employees. If your employer believes you are an independent contractor instead of an employee, your employer will need to prove that you are not an employee. In such a case, you may need to show why you believe you are an employee.

Injured in the Course of Your Job

Workers’ compensation only covers injuries to employees who were hurt while doing their jobs. There are two parts to showing the injury was in the course of the job:

1. There is a direct causal link between your injury and a job-related risk

2. You were at work where you were required to be and generally doing what you are supposed to be doing

If you are a delivery driver and you are hurt delivering something to a customer, your injury was in the course of your job. However, if you are a delivery worker and you are hurt while helping a friend move a couch while on a lunch break, you may have a much harder time showing that your injury was in the course of your job.

Extent of Your Injuries

You will also need to present evidence about how expensive your medical bills are and what impact the injury has on your ability to perform your job. Your injury may only make you temporarily unable to perform your core job functions. In a case like this, you would receive benefits until you recovered enough to return to work. If your injury is more serious and causes you some degree of permanent disability, leaving you unable to do the basics of your job, you may be eligible for longer-term benefits.

Contact a Gilroy, CA Workers' Compensation Attorney

If you have been hurt at work, you need to understand your rights. You should speak with a skilled Santa Clara County workers' compensation lawyer right away. Call the Cramer + Martinez at 408-848-1113 to schedule a consultation. You may only have a short time to take action.

Source:

https://www.dir.ca.gov/dwc/InjuredWorker.htm