Legal Question in Workers Comp in California

Generally speaking, the workers' compensation carrier is only responsible for injuries or illnesses arising out of employment and in the course of employment. So, you need some proof that you actually caught the cold at work and not at home, stores, or restaurants. A physician can write this report if he or she believes you likely became sick because of some condition of your work environment. This may be hard to prove since we pick up bacteria and viruses from a multitude of places in this world.

I strongly encourage you to consult with a workers' compensation attorney. Consultations are free. You may either contact me at 415-655-6789 or find another attorney in your area by going to www.caaa.org. Good luck.

Personally speaking, I believe that approaching your employer requesting a workers comp claim form for a cold might make you look just a little silly, and unfavorable to your employer. Its best to drink plenty of fluids, get some rest, and try to get back to work as soon as possible. Good luck.