Legal Question in Workers Comp in California

She can claim worker's compensation benefits which consists of ongoing medical treatment, temporary and permanent disability benefits. She doesn't need to prove fault to receive any of these benefits. Feel free to call me at 213-388-7070 for a free consultation.

Workers Compensation is -- largely -- a no-fault insurance system. She should have been provided a Workers Compensation Claim form by the principal's office the day she fell. As far as being 'out of compliance' if she can show that OSHA or the fire department already cited the school for being 'out of compliance' with some statute or regulation, there MIGHT be an extra Petition for Serious & Willful Misconduct of the Employer... but that is very very difficult to prove. She must prove the district management was aware of a 'dangerous' condition and that they knew for certain an employee would be hurt and left the situation there to hurt the worker... if nobody had ever written anything to any management at the district about this, the Serious & Willful Misconduct Petition would probably fail...that said, when a Workers Comp judge finds that the employer did commit Serious & Willful Misconduct, the permanent disability award is increased by 50%.