One pillar of workers’ compensation is that the claimed injury Arises Out of Employment (AOE)/in the Course Of Employment (COE).
It is the doctors that determine if an injury is work-related. If you are injured at work, make sure you report your injury and seek medical attention if necessary.
Proving Your Work Injury
While California workers’ compensation is a “no fault” system, it is the responsibility of the injured worker to prove that the injury claimed was the result of injury at work or happened while engaging in activities that were work related, or the “special mission exception.” The general question is whether or not the injury would have occurred outside of your employment.
There are a few exceptions. Your claim can be denied if you are injured while intoxicated, committing a felony, engaged in horseplay, or on lunch break. Likewise, if you injure yourself intentionally, or by starting a fight, the claim can be denied.
Report Your Injury
Injured workers are often reluctant to report an injury as work-related; however, it is important to report your injury and seek medical treatment as soon as possible to preserve your workers’ compensation rights.
While the issue of injury at work may be debated among the attorneys and doctors involved, ultimately a judge or medical evaluator will make the final determination as to injury AOE/COE.
Get The Compensation You Deserve
If you have questions about your work injury or your rights, call Attorney Raj Patel of RP Law Group at (951) 394-3640 for a free consultation.