Legal Question in Workers Comp in California
My son cut his finger on a paid break and it required surgery. Workers comp now says it is denying the claim. Should they cover it?
2 Answers from Attorneys
Ask the carrier why they are denying it. The employer probably is saying it did not happen during work hours, he off not on the work premises or doing anything for the employer, or he was taking part in some dangerous activity and the injury was from his own Serious and Wilfull Misconduct [the one bar for collecting for an on the job injury]. Once you know whatthe defese is you can determine how to defeat it. The normal rule is that any injury suffered on the work premises duirng normal working hours or off the premises while doing something for work are industrial injuries.
A denied claim by the insurance company doesn't mean you don't have a case. It means that insurance company is claliming a defense which in many cases is baseless and has no factual or legal basis. Feel free to call us at 213.388.7070 for a free consultation.