Legal Question in Workers Comp in California

Sure you are covered, as the accidnet occurred while you wre an employee at work. Your employment status immediateoy afterwards does not matter. However, he is not legally allowed to fire you because you suffered an industrial injury; you could get your joy reinstated, full back pay and penalties against him. For a physical injury your initial burden of proof is ;your saying you got injured. The ball then shifts to the employer to provide credible proof that the injury never occurred, happened somewhere else, it was not in the course of your employment, etc. Itis very difficult for the employer to refute injuries.

I wish what Mr. Shers said was that easy - his answer reflects a good day. Truth be told. If nobody at your work knew (specifically a supervisor) that you suffered a work-related injury, then the employer is going to assert "Post Term" defense. There are many questions which I need to know before I am able to give you a solid answer.

1. How long did you work for employer?

2. How did you injury yourself?

3. What body parts did you injure?

4. Were there any witnesses?

5. Did you report the injury to anyone on Friday?

6. Who? (supervisor??)

7. What time of the day did you injure yourself?

8. What's your job title?

There are many other factors which must be considered. Here's a couple of scenarios:

Employee worked for company for a long time, but was a real slug. He received word that he will be laid off. Yep, you guessed it, fabricated work injury.

Employee worked for company for a while, injured himself, and told supervisor. He's ignored, then terminated. This might be a 132a. I say "might' because there are other determining factors to be considered.

Anyways, you get the picture. If you need further assistance please feel free to call me at 818.385.0520.