Workers’ Comp Eligibility

Walnut Creek Workers’ Comp Attorney

Workplace injuries can have a devastating effect on the life of the injured employee. Without proper compensation, he or she may end up paying for their expensive medical care out of their own pocket, resulting in financial stress or ruin.

This can be avoided by filing a workers’ compensation claim; however, many injured workers may be confused about whether or not they are eligible. According to California law, every employer must offer some form of workers’ compensation, so find out immediately what options are available to you before it is too late to file a claim.

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How do you know if you have a valid workers’ compensation claim?

In order to file for workers’ comp, a workplace accident must meet certain requirements. First, the accident must not be a result of:

• Reckless or grossly negligent behavior on the part of the employee filing for compensation
• Intentional action on the part of the employee

If the employee was reliable for their accident and injury in any way, he or she cannot file for workers’ compensation. However, they can file if their accident was a result of:

• Gross negligence on the part of the employer
• Intentional action on the part of the employer

Examples of such behavior include failure to maintain floors and walkways, knowingly requiring you to work in dangerous or harmful conditions, or requiring you to work with equipment where the safeguards have been removed or disabled. If you have been injured as a result of any of these situations, consult with a Walnut Creek workers’ comp attorney right away!