Marin County Workers' Compensation Guidelines
If you are hurt on the job, it doesn't matter if you have worked there for 6 months or 16 years, you are entitled to file for a workers’ compensation claim. Sometimes there is a question as to whether it is work related or not?
So the guidelines we go by are:
- Were you at work when it happened?
- Was the injury cumulative (due to a repetitive task)?
- Were you 'on the clock' when the injury happened?
Sometimes people think if they get hurt outside of work that is automatically disqualifies them for workers’ comp. This is not necessarily true. If you are on your lunch break, but your boss has asked you to run an errand for him and you are on your way to complete that task you are considered “on the clock” for that time frame of completing that task and therefore it would be work related.
Workers' Compensation and Personal Injury
If you were injured by a third party while at work then you can file a seperate personal injury claim against that person to collect damages.
Here are some examples of workers’ compensation with personal injury cases:
- A correctional officer gets into a fight with an inmate and becomes injured, he could file a workers’ compensation claim against the employer, and a personal injury action against the inmate.
- A police officer has a driver pulled over and is in the process of giving them a ticket, when he is hit by another driver on the road. He could file a workers’ comp claim against the employer and a personal injury action against the driver.
- A secretary is out getting lunch for her boss and gets into an automobile accident. She could file a workers’ comp claim against the employer and a personal injury action against the driver who hit her.
If you were injured by a third party The Law Offices of Craig Dykman can help.
We hope you find these workers' compensation guidelines helpful. Contact an experienced attorney if you need help with your workers' compensaiton claim.
Call The Law Offices of Craig Dykman today at (415) 454-8545 or contact us here.