Workplace accidents can happen when you least expect them. Sometimes, an accident occurs because of negligence or failure to follow safety rules.
If you believe that you are partly at fault for your injury, you might hesitate to file a workers’ compensation claim. You must understand how California law deals with workers’ comp claims and what rights you have when you experience an injury.
Do you have to prove that your employer was negligent?
California takes a no-fault approach to workers’ compensation claims. This means that generally, your employer’s workers’ compensation insurance should provide coverage for your injury even if your employer was not negligent. Even if your employer argues that the workplace injury was your fault, you may still receive compensation.
There are exceptions to this rule. The insurance company can deny your claim in certain circumstances, including:
- Intoxication in the workplace leading to an injury
- Fighting or horseplay leading to an injury
- Intentionally self-inflicted injuries
Generally, injuries sustained during voluntary recreational activities are not eligible for workers’ compensation, even if the activity is related to your employment. For example, if you are injured while playing sports at a company picnic, workers’ compensation is unlikely to cover your medical bills.
Why is it important to act quickly?
Timing is critical in a workers’ compensation case. You should report an injury to your employer as soon as you become aware of it. In California, you generally have 30 days to report your injury. If you wait too long or file your claim after your employer terminates your employment, it may be much more difficult to receive compensation.
Regardless of how your on-the-job injury occurred, it is important to report it as soon as possible. Swift action can improve your chances of receiving workers’ compensation benefits.
