Legal Question in Workers Comp in California

On Duty Injury, or not?

I am a police officer. Last week after finishing my

shift, I walked out of the station and while

crossing the street to my car, was struck by a

drunk driver. I am off work for two weeks with

back and neck pain.

Question: Does the worker's comp claims end at

the end of shift, or would walking to my car from

the office qualify as a worker's comp claim?


Asked on 12/12/01, 8:32 am

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: On Duty Injury, or not?

You are covered. It is a compensable worker's compensation claim as well as a third party civil suit against the drunk driver. Get the results you deserve and obtain counsel immediately. The worker's compensation system is very adversial. The insurance companies will get away with anything they can. They will pay you the minimum on your claim unless you obtain representation to protect your interests. The worker's compensation insurance companies have attorneys, why don't you? Attorney fees are limited by law to 9% to 12% of the final settlement or award. As to the personal injury claim, the automobile insurance companies are as bad as the worker's comp insurance companies. It is the job ot the adjuster to pay out as little as possible. Call me directly at (619) 222-3504.

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Answered on 12/13/01, 7:21 pm


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