One mistake that injured workers make is believing that they cannot receive workers compensation because the work accident was their fault. For example, if a worker fell because he wasn’t wearing the right type of shoes, the employer is still liable for the injury under California workers comp laws. The injured worker is barred from workers compensation recovery only if he/she intentionally injured themself. For example, if a roofer jumped off a roof so that he can get injured and receive a workers compensation settlement, then he would be barred from recovery.
The Labor Code favors injured workers
If you have been injured during the course of your employment and in the scope of your employment, you are entitled to receive workers compensation benefits. As noted above, it does not matter if the work accident was your fault.
Your job is protected even if work accident was your fault
Many times, an employer tries to justify terminating an employee the work accident was their fault. Even if the work accident was your fault, your employer cannot terminate you. If your employer has terminated you because of a work accident, our office will file a 132A petition for wrongful termination. You are eligible to receive 50% of the total benefits you have been paid up to $10,000.00 under California workers compensation law. Contact our workers compensation attorney if you have been injured at work so that we can get you the medical attention and compensation you deserve.