You can file a workers' compensation claim, in most cases, no matter who was at fault. California is a "no-fault" state. No matter the reason behind the accident, you can file a claim for the necessary benefits. Ultimately, workers' compensation insurance is in place to keep you healthy and safe so that you can return to work.
Exceptions
Drug or Alcohol Intoxication
If you were under the influence of a drug or alcohol when the accident occurred, you do not receive approval for your workers' compensation claim. It is illegal to drink or partake in substances when performing your workplace duties.
Fights
If a fight with a co-worker or customer caused the injuries, you could not receive approval for your workers' compensation claim. If you wanted to defend yourself from someone attacking you, you could qualify for benefits. It depends on the specific circumstances of the injury or accident.
Horseplay and Mischievous Behavior
If your accident occurred when engaging in horseplay, you might not qualify for workers' compensation benefits. More specifically, if a piece of equipment injured you while not using it properly, you will not receive approval. In California, you should know the dangers of your specific job role and the equipment you use.
Intentional Harm
Finally, if there is an instance in which you intentionally committed harm against yourself to trick the system, you will not be eligible for workers' compensation benefits. You may also face criminal charges of insurance fraud, which come with hefty fines and even jail time.
Contact a Work Injury Attorney
Even if an accident is your fault, you have the right to workers' compensation benefits in California. Talk to a lawyer at Rawa Law Group to ensure you qualify for approval of your claim. They will present the case to the Department of Labor, the insurance company, and your employer for you.
