California  |  Workers Comp

That question is difficult to answer and probably depends on the exact circumstances. A person applying for employment who is injured during a work related test would be covered. Normally, someone on their employer's premise would be covered. I do not think it is clear that the endiing of the employment status would end coverage because the person is no longer an employee. If they came onto the work site as an employee and were fired that day, and were quitely leaving the premises when they got injured, there may very well be coverage since they would not have been there save for their having been an employee. If they had been terminated and were fighting with a security guard, the WCAB would be less likely to find coverage.

Were they actually not an employee when hurt? If all the paperwork teminating them had not been completed, or they were still entitled to vacation or sick leave time off work, they might still be an employee.

By the way, one of the most demeaning, anger instilling acts is when an employee quits working at a job and the employer has the gall to have them escorted off the premises as though they were going to wipe out all the computer memories. It might be justified if the person is being fired and does appear to be dangerous, but I have seen it happen to people let go because the company had to down size. I hope you are not that type of employer.