Legal Question in Workers Comp in California
I was called in earlier than my regular starting time to come in and sub for another employee at work,on the way to work I got into a bicycle accident and dislocated my shoulder. Can I collect workers comp? Oh, by the way, they also fired me since my injury.
2 Answers from Attorneys
There are many factors involved whether your injury is work-related or not such as job analysis, normal working hours and etc.. Feel free to call us at 213.388.7070 for a free consultation.
This is the classic "going and coming rule" defense which means that if you were injured on your way to work, the defense may succeed with the above rule. However, the way to overcome this is to argue that you were on a "special mission." Were you on a special mission?
Based upon your question, it sounds like you may have a wrongful termination claim against your employer (comp's version is a 132a claim).
Please contact me at 1.877.505.INJURY to determine whether or not you were on a special mission, and whether or not you have a 132a claim.
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