I live in California and was attack by a assailant after working over time at my job can I recieve workmans compensation
The Law Offices of Eslamboly & Barlavi has over 20 years of experience helping injured workers all over California. We can help you recover for your injuries as a result of an accident at work. We only get paid if we recover compensation for you. Visit our website or call us for a free consultation about your case at 1-800-LAW-TALK.For more information visit us at EBLegal.com
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.
Related Questions & Answers
If I am still on workmans compensation and have had to move to another job and am... Asked 7/10/12, 9:55 am in United States California Workers' Compensation Law
Is it legal for an employer to ask a potential employee about previous workers comp... Asked 7/09/12, 7:32 pm in United States California Workers' Compensation Law
Can i sue my job because there was an out break of scabies and we have yet to be... Asked 7/07/12, 12:17 pm in United States California Workers' Compensation Law
I went out on disability for a bad hip,now my state disability is going to run out... Asked 7/06/12, 1:28 pm in United States California Workers' Compensation Law
My left knee was injured at work. A year later, it still hurts, and now my right... Asked 7/04/12, 8:44 am in United States California Workers' Compensation Law