Workers’ Comp 101
In the Golden State, what makes an injury come under the workers’ compensation system? That kind of information for California and the rest of the U.S. is on Simply Research, but we highlight some key points here.
Under California law, workers’ compensation liability will exist against an employer for any injury sustained by her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes death, in those cases where the following conditions of compensation concur:
(1) Where, at the time of the injury, both the employer and the employee are subject to the compensation provisions of California law.
(2) Where, at the time of the injury, the employee is performing service growing out of and incidental to his employment and is acting within the course of his employment.
(3) Where the injury is proximately caused by the employment, either with or without negligence.
(4) Where the injury is not caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the injured employee.
(5) Where the injury is not intentionally self-inflicted.
(6) Where the employee has not willfully and deliberately caused her own death.
(7) Where the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.
(8) Where the injury is not caused by the commission of a felony or a crime by the injured employee, for which he has been convicted.
(9) Where the injury does not arise out of voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee’s work-related duties, except where these activities are a reasonable expectancy of, or are expressly or impliedly required by, the employment.
