In this video, we will explore the question of ‘How do I qualify for workers’ compensation benefits in California?’ I am Matt Eason, a seasoned practitioner of employment and workers’ compensation rights in the Sacramento area for over 25 years. One of the most common questions I receive is, ‘How do I qualify for workers’ compensation?’
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What is the difference between workers’ compensation and state disability or Social Security in workers’ compensation? The question boils down to whether you suffered an injury that arose from and during your employment. Suffering the injury part is usually not a controversial issue. You have something wrong with you or would not be asking these questions. The bigger question is, did your injury or illness arise out of and during employment? In plain English, did your job cause it or contribute to your injury?
Generally speaking, if you were injured on the job where you bent over to pick something up, and then your back gave out, or a forklift hit you or fell at a construction site, those are easy questions that the injury arose out of in the course of employment. More complicated questions often have to do with when you suffer a heart attack. Well, was that caused by your job? Was that hereditary, or was it something else?
A similar challenge to determining if an injury arose from employment concerns car accidents. Generally speaking, driving to and from work as an ordinary commute is not compensable; however, a motor vehicle accident could potentially arise out of the course of employment if you were carrying tools or driving an errand for your employer.
If you think you’ve been injured and it is work-related, we strongly suggest you consult one of our office’s Sacramento Workers’ Compensation lawyers. They can help you determine if your situation qualifies for workers’ compensation. I am Matt Eason from the law firm of Eason & Tambornini.
