I live in California and was attack by a assailant after working over time at my job can I recieve workmans compensation
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2 Answers from Attorneys
You MIGHT be awarded workers compensation benefits but...
(1) You must show that at the time of the assault you were somehow rendering some benefit to the employer (One case gave benefits to a much beloved school teacher hurt in a horrific car accident after she left work, and the WCAB found she benefitted her employer by parking off campus freeing up the flow for kids and parents, so was in the 'ambit' of the employment at the time of injury.
(2) You were on a SPECIAL ERRAND for the benefit of the Employer at the time of the assault.
(3) You were 'on the clock' on 'on employer's premises' at the time of the assault. an assault in the employer's parking lot before you leave the employer's premises IS an Industrial INjury.
If you left work and started driving home and got assailed walking to your house, that claim is said to be 'Barred' by the Going- and-Coming Rule, that injuries going to and coming home from work at not 'work' injuries.
I hope you have reported this to (1) The Police (you'll need a report and (2) the employer already.
Email me at [email protected] if you need more help on this one.
If you were working over-time and the assault happen during overtime, then you are entitled to worker's compensation benefits. It gets more complicated if the assault happened as you were leaving or in the parking lot at your jobsite or other similar senario. But you have many facts on your side. Feel free to call us at 213.388.7070 for a free consultation.