3 Elements You Must Prove to Collect Workers’ Compensation in California

 Posted on June 10, 2022 in Workers' Compensation

For as straightforward as Workers’ Compensation may seem, actually receiving it can become quite a challenge. Workers’ Compensation is a type of insurance program for employers, designed to help cover expenses when someone gets hurt on the job. Workplace injuries can happen to anyone, whether you work on a construction site, in a medical facility, or at a desk. One fact that often surprises injured workers is that they do not need to prove that their employer was at fault for the accident. Even if an employer follows the correct safety protocols for the type of work being performed, injuries can still occur. This is why you are not required to show that your employer was negligent in any way.

However, there are a few things that you do need to prove before you can collect Workers’ Compensation benefits. Our lawyers will help you begin collecting the evidence you may need right away, so it is important to call us as soon as you can after a workplace accident.

What You Need to Prove in a California Workers' Compensation Case

In order to be eligible for Workers’ Compensation in California, you must be able to show that you were: 

• At work - This requirement is very obviously fulfilled in some cases, but ambiguous in others. If you were present on a construction site and working when your accident happened, then you were clearly at work. If you are dealing with a repetitive stress injury from typing, for example, then it might be harder to show that you were at work when your injury occurred. On-the-job car accidents also qualify as being "at work."
• Working - You must also show that you were performing work-related activities when you got hurt. Again, this is sometimes simple and sometimes not. Generally, if you were acting within the normal scope of your employment or following your boss’s instructions to perform a business task, this will be met. 
• Injured - You also need to prove that you suffered an injury. Usually, medical documentation accomplishes this fairly easily. It is important to note that the injury does not need to be physical. Mental and emotional injuries may satisfy this requirement as well. For example, if you were physically unharmed but witnessed your coworker’s traumatic accident and developed PTSD as a result, that counts as an "injury." 

Our team is ready to step in and start compiling evidence as soon as you call us. The sooner we are able to begin investigating the circumstances of your injuries, the more evidence is likely to be available.

Contact a San Benito County Workers’ Compensation Lawyer

Cramer + Martinez is dedicated to helping injured workers recover Workers’ Compensation payments. Our skilled Hollister Workers’ Compensation attorneys will do everything in our power to make sure you have the proof you need for your claim. Call us at 408-848-1113 for a free consultation.

Source:

https://www.dir.ca.gov/injuredworkerguidebook/injuredworkerguidebook.html