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Workers’ Comp in San Francisco: Can I Still Get it If The Accident Was My Fault?

Sustaining an injury at the workplace might deprive you of the ability to resume work. However, if that particular injury is due to your fault, you might have the query whether you will get workers’ compensation or not.

Therefore, we will discuss all the aspects that can come into consideration for your workers’ comp in San Francisco if the injuries were due to your fault. We will clarify the eligibility for benefits in case the injuries are due to your mistake.

Is California a No-fault Workers’ Compensation State?

Yes, California falls under the list of no-fault workers’ compensation states. It means any workers who sustain injuries will be able to get the benefits, even if the injuries are due to their fault.

They can be eligible for the following workers’ compensation benefits as per the laws for the City & County of San Francisco:

  • Medical Benefits:

Medical benefits will provide coverage for the expenditure to treat your workplace injury. These benefits can give coverage in case you get admitted to the hospital or have to go through surgery or therapy. You can also get the medications and all the treatments that can help in a speedy recovery.

  • Temporary Disability Benefits:

These benefits will cover a portion of pay that the employee was making before the injury. As per state law, temporary disability benefits will give you around 66% or 2/3 of your weekly income. However, the pay you get under benefits will be subject to the amount that is set by the state law.

  • Permanent Disability Benefits:

You can get permanent disability benefits after the settlement of your claim and in case your workplace injury is behind the cause of permanent disability. If you can carry out some type of work, the permanent disability benefits will match the amount you are missing out on because of your injury.

  • Death Benefits:

In case employees die due to workplace injury, the state laws ensure that the dependents will get regular payments. These payments will be of the same amount as the temporary disability. Moreover, the state will also pay an allowance for the burial and the funeral.

Situations to Consider for Workers’ Comp in San Francisco If you are At-Fault:

Your eligibility for worker’s comp will depend on the circumstances when you sustained injuries at the workplace. It will help determine whether you will receive workers’ compensation or not. Let’s go over the two possible scenarios that can happen at any workplace.

Conflicts Resulting in Attacks at the Workplace:

If you get attacked at a workplace, you may qualify for the workers’ comp. This eligibility for the benefits depends on the particulars of the argument. If someone assaults you in the workplace due to employment affairs, you will be eligible for workers’ compensation.

On the other hand, if someone attacks you in the workplace due to personal affairs, you may not be eligible for worker compensation. Nevertheless, you can still file a personal injury case against the responsible party for your injuries to get compensation.

Any employees who sustain injuries due to horseplay at work can get workers’ compensation if the employee didn’t participate in the activity. If the horseplay is part of the job, the employees can be eligible for workers’ comp in San Francisco.

Injuries when you are On Break:

If the employee sustains injuries during the break at work, they might have or might not have coverage for the workers’ compensation. In this case, if the injuries occur on company property, it can make you eligible for workers’ compensation.

However, if the injuries took place off the company property, then your eligibility for workers’ compensation might be in question.  The grounds where the victim could get the worker’s compensation are:

  • If the injuries happen in the company dining area or on property that belongs to the company,
  • If the employees sustain injuries at a hotel or restaurant while having a meeting with a client
  • The injuries occur during an event that the employee sponsors

San Francisco Injury Lawyers Are Here to Help You Out:

Are you suffering from workplace injuries due to your fault? Then, give the reliable and experienced attorney at the San Francisco injury lawyers call for your workers’ comp in San Francisco.

We will give you complete guidance regarding your case and help you get the compensation you deserve. So, pick up the phone for a free case review or reach out to us online.

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