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Recent Blog Posts

Are Independent Contractors and Subcontractors Eligible for Workers’ Comp?

Generally speaking, contractors are not eligible for workers’ compensation benefits because they do not have an employer-employee relationship with the company. However, the law recognizes that employers have economic incentives to classify workers as contractors rather than as employees. When a company hires an independent contractor, it need not pay payroll taxes, the mandated minimum… Read More »

Can You File for Workers’ Comp if You’re Fired or Quit Your Job?

There are moments in life when timing is everything. The problem with filing a workers’ compensation claim after you are terminated is not so much a matter of strict eligibility, but of appearances. Let’s start with an example. A worker suffers an on-the-job slip and fall. He doesn’t think much of it at the time… Read More »

Can You File For Workers’ Comp for Stress?

At one time or another, everyone has felt stress on the job. In fact, the ability to deal with work-related stress is usually regarded as a marketable skill. Many employees hesitate to report stress or to seek help for it, because they fear it might reflect poorly on them. Reporting a stress-related condition also raises… Read More »

Can You File for Workers’ Comp for a Pre-existing Condition?

To be eligible for workers’ compensation benefits, your injury must be work related. But what if you aggravate an old injury that is not related to your job? Can you still file for workers’ comp? The answer is probably yes, but you need to be aware of potential issues. Say, for example, you were cleaning… Read More »

Can You File for Workers’ Comp for an Injury on the Road?

When you sustain an injury, the most important question for workers’ compensation purposes is whether the injury is work related. For injuries that occur on the road, an insurer would ask why you were on the road, whether that activity conferred any benefit to your employer, and whether your injury arose from risks that relate… Read More »

What Makes an Injury “Job Related”?

To qualify for workers’ compensation, an employee’s injury must be related to his job. But what exactly does that mean? The rule under California workers’ compensation law is that the injury must “arise out of employment” (AOE) and occur “in the course of employment” (COE). Let’s consider each element separately. AOE — A doctor must… Read More »

Is It Better to File a Workers’ Comp Claim or a Third-Party Lawsuit?

This question actually presents a false choice, because a workers’ compensation claim does not preclude a third-party lawsuit. However, since these two actions may provide different types and levels of benefits, it’s helpful to discuss them side by side. Workers’ compensation — This is a no-fault insurance claim. An injured worker does not have to… Read More »

Can You Collect Workers’ Comp if You’ve Been Reassigned Due to an Injury?

If you’ve suffered a work-related injury that prevents you from performing your normal duties, the workers’ compensation system offers options that protect your right to work and help you maintain your income. First, if you file a workers’ compensation claim, your employer may not retaliate against you. That means your boss cannot reassign you, demote… Read More »

How to Deal With a Poor Performance Review After Filing for Workers’ Comp

So, you had an accident at work, hurt yourself, and had to see a doctor. The doctor advised you to take a few days off from work. You followed the treatment plan, filed for workers’ comp and returned as soon as the doctor cleared you for light duty. Then, for the first time ever with… Read More »

When Does Workers’ Comp Cover a Lunch-Break Injury?

To qualify for workers’ compensation, your injury has got to be work related. But what exactly does that mean if you’re injured during lunch or on one of your regularly scheduled breaks? The answer depends on the facts of your particular injury event. California workers’ compensation law defines an injury as work related if it… Read More »