You injured yourself? You may have a workers’ comp case!
If you injured yourself, you may have a workers’ comp case! This article will review the definition of workers’ compensation and the 1% rule!
What is workers’ compensation?
Workers’ compensation is a form of insurance that provides benefits to employees who suffer injuries or illnesses related to their job. In California, employers are required to provide workers’ compensation benefits to their employees.
The 1% Rule:
Under California law, an injured employee is entitled to workers’ compensation benefits if the injury is at least 1% related to their employment. This means that if your injury is even slightly related to your job duties, you may be entitled to workers’ compensation benefits.
Examples of Self-Inflicted Injuries:
While it may seem counterintuitive, it is possible for an employee to sustain a self-inflicted injury while on the job. For example, if you are working with heavy machinery and accidentally cut yourself, this would likely be considered a work-related injury. However, if you intentionally cut yourself, you may still be able to pursue workers’ compensation benefits if the injury is at least 1% related to your job duties.
Factors That May Affect Your Claim:
If you are pursuing workers’ compensation benefits for a self-inflicted injury, there are several factors that may affect your claim. For example, if your employer can prove that the injury was the result of your own intentional misconduct, you may not be able to receive benefits. Additionally, if your injury was the result of drug or alcohol use, you may also be ineligible for workers’ compensation benefits.
How to File a Workers’ Compensation Claim:
If you have sustained a work-related injury, including a self-inflicted injury, you should report the injury to your employer as soon as possible. Your employer is required to provide you with a claim form within one working day of being notified of your injury. You should then complete the claim form and return it to your employer.
If your employer denies your claim, you may need to file a workers’ compensation claim with the California Workers’ Compensation Appeals Board (WCAB). It is important to note that the process of filing a workers’ compensation claim can be complex, and it is often helpful to seek the assistance of an experienced workers’ compensation attorney.
If your employer does not have workers’ compensation insurance, you still may be able to receive compensation. Read more in this previous blog post.
Contact an Attorney:
In conclusion, if you have sustained a self-inflicted injury while on the job, you may still be able to pursue workers’ compensation benefits if the injury is at least 1% related to your employment. It is important to report the injury to your employer as soon as possible and to seek the assistance of an experienced workers’ compensation attorney if your claim is denied.
More information available in this Youtube video:
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