How Does Workers’ Comp Decide Whether an Injury Is Work-Related?

 Posted on December 06, 2021 in Workers' Compensation

When working for an employer, workers have certain rights, including the ability to receive workers’ compensation benefits when they experience work-related injuries. While these benefits are available in most situations where a person suffers an injury or illness that occurred while they were working or was related to the work they performed, there are some situations where questions may arise about whether an injury was truly work-related. By understanding how work injuries are defined, a person can ensure that they will be able to receive the benefits they deserve.

Determining Whether an Injury Qualifies for Workers’ Compensation

Generally, an injury will be considered work-related if events or conditions in their work environment caused or contributed to the injury. This means that if a person was injured in a workplace accident or experienced health issues that occurred while they were working or because of work-related activities, they will qualify for workers’ compensation.

There are a few exceptions that may apply to injuries that take place in a person’s work environment, including:

• A person was injured while they were off the clock and present in a work environment as a member of the general public rather than an employee.

• A person experienced symptoms of an injury or illness while in the workplace, but these symptoms were caused by events outside of the work environment.

• A person’s injury or illness occurred while participating in work-related recreational activities, fitness programs, or medical examinations, including employer-sponsored activities such as blood donation drives or flu vaccinations.

• An injury occurred while a person was preparing or consuming food or beverages for personal use. However, if an illness occurred because food was contaminated by conditions in the work environment, or if food provided by an employer caused a person to become ill, this will be considered a work-related illness.

• A person experienced an injury or illness while participating in personal, non-work-related tasks while they were off the clock.

• An injury was self-inflicted or occurred while a person was engaged in personal grooming activities or taking medication for a non-work-related health condition.

• A person was injured in a car accident that took place in an employer’s parking lot or a private road owned by the employer outside of their work hours.

Contact Our Gilroy Work-Related Injury Lawyers

In many cases, employees who are injured while working will have no trouble demonstrating that their injuries were work-related. However, there are some situations where the causes of an injury or illness may not be obvious, and employees may face some difficulty demonstrating that they suffered harm because of the work they have performed or the conditions in their workplace. At Cramer + Martinez, we help our clients gather the necessary evidence to show that an injury or illness is work-related. We make sure they provide the proper information to ensure that they will receive workers’ compensation benefits. To arrange a free consultation and get help with your case, contact our Santa Clara County workers’ comp attorneys today at 408-848-1113.

Source:

https://www.dir.ca.gov/t8/14300_5.html