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Am I eligible for work' comp benefits due to my injury?

One of the most contested, and sometimes confusing, questions about workers' compensation is when an injury is actually considered a "workplace injury." As a matter of law in California, all employers are required to carry workers' compensation insurance, which is supposed injured workers recover lost wages and other benefits to make ends meet while they are unable to work.

Indeed, an injury is supposed to be linked to a workplace activity (i.e. an ailment that occurs while in the course of one's employment). But what happens when the injury occurs during an instance of horseplay? Better yet, can injuries sustained while getting out of the car during a business trip or on the way to the airport make the worker eligible work comp benefits?

Generally speaking, if the activity is required by the employer, injuries stemming from that activity may be compensable under the state workers' compensation code. However, there are cases where a person injured while getting out of a car to get snacks or relieve themselves at gas stations have not been compensated. At the same time, when air travel is required and it is necessary to drive to the airport, courts have held that car accident injuries can be compensated.

As for horseplay related injuries, employees run the risk of not having workers' comp benefit if they were knowingly disregarding workplace safety rules. Nevertheless, every case is different, and it is worth consulting with an experienced workers' compensation attorney to fully understand your rights and options. This way you will have a reasonable expectation as to whether your claim will be accepted or rejected.

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  1. My injury and subsequent WC case was one of the most difficult times in my life, and I wouldn't wish this upon my worst enemy. Throughout the entire ordeal though, Mr. Kropach and Ms. Shibata stood by my side, providing me amazing support.

    - Wpark
  2. I was in a very serious accident in early 2000 and found that Attorney Kropach and his Staff especially his paralegal Jill paid close attention to my case and no matter how many questions I asked they always had time to explain in layman's language what I needed to know.

    - Janice Ann
  3. I have been lucky to have William Kropach handle two different workers' compensation cases in the last several years that exceeded all of my expectations.

    - Arabella
  4. I hired Mr. Kropach years ago due to the fact that he was head of the San Fernando Valley Bar Association. After the insurance company denied my claim I thought my case was over but my attorney fought the insurance company all the way to the appellate court and WON.

    - Workers’ Compensation Client
  5. I hired Mr. Kropach years ago due to the fact that he was head of the San Fernando Valley Bar Association. After the insurance company denied my claim I thought my case was over but my attorney fought the insurance company all the way to the appellate court and WON.

    - Workers’ Compensation Client
  6. I have a 18 year old work-comp case. Mr. Kropach never gave up or settled for anything less. He kept fighting for my rights to win. He realized I was in the right and He never once asked me to just give up.I won my case 100 %

    - Edward
  7. I have known Bill for over 25 years. He is personable and very knowledgeable in the area of Workers Comp. My experience during this very stressful time has been excellent. His staff is courteous and efficient and always kept me up to date with my case.

    - Donna
  8. I hired Mr. Kropach for my workers compensation claim about 3 years ago. I was suffering severe pain on my elbow as a result of my job. Mr. Kropach was superb in helping me settle this case.

    - Dax
  9. Bill treated me with care, individuality, and really examined my case carefully. I was immediately impressed with his track record and his dedication to voluntary unpaid community services.

    - Brad
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