An injury at work can leave you feeling confused about whether it counts as an accident or not. This article explains how California evaluates workplace incidents and how you can claim your workers’ compensation.
How California law defines a work-related accident
State regulations define an injury or illness as work-related when an incident at work causes it, contributes to it or makes a previous injury or illness worse. The work environment includes the machines, materials and equipment you use to do your job.
Some situations, however, do not qualify as a job-related injury. These can include conditions from joining voluntary wellness programs, participating in company recreational events or eating lunch on company property outside your scheduled work hours.
Common types of workplace accidents and injuries
Workers experience a wide range of injuries, such as:
- Slips and falls
- Car accidents during work
- Harm from machinery or equipment
- Repetitive motion
- Exposure to harmful substances
These workplace accidents can result in injuries such as broken bones, sprains, concussions and lacerations. Chronic conditions like tendonitis, nerve damage or hearing loss may also develop gradually from the nature of the job.
How workers’ comp coverage applies after an injury
California’s workers’ compensation system operates as a no-fault program. This means you can receive benefits, such as medical care and temporary disability payments, regardless of fault.
The trade-off for this type of coverage is that you generally cannot sue your employers for occupational injuries. Workers’ comp serves as the exclusive remedy in most situations, though limited exceptions exist for cases involving intentional harm or fraudulent concealment.
To start filing your claim, you will need to report the incident to your employer within 30 days of the injury. The 30-day period starts on the accident date for sudden injuries or when you first realized (or should have realized) that a gradual condition was work-related.
After your employer receives your report, they usually have one working day to provide a DWC 1 claim form, which officially opens the workers’ comp case. Once the form is completed and returned, the claims administrator must authorize up to $10,000 in medical treatment within one working day, even while investigating whether to accept or deny the claim.
As you apply for a claim, it may be beneficial to seek assistance from a lawyer familiar with workers’ comp. They can negotiate with claims administrators, gather medical evidence and help ensure you receive the full benefits entitled to you.