Legal Question in Workers Comp in California
Workers Compensation
The company that I work for went paint balling as a reward. But we went on a normal work day, Tuesday, and we were getting paid for a normal eight hour work day aswell. I broke my right ankle while we were there playing paint ball. Is this covered by workers compensation? My boss says no, but does he have the authority to make that decision?
2 Answers from Attorneys
Re: Workers Compensation
I agree with Mr. Knisbacher. There are many factors involved in such a claim. The issue will most likely be heavily litigated regarding compensability as the adjuster may believe the carrier can escape all liability. You should consult with an attorney to preserve your rights.
Re: Workers Compensation
It is covered -- your boss is required to give you a claim form, whether or not he believes it is covered; in the end, a judge at the Workers Comp Appeals Board will decide whether it's covered.