All workers’ compensation claims must clear is whether the injury arose out of and in the course of employment (i.e. caused by employment, or AOE/COE). If not, the injury is not industrial, and non-compensable. Arguably, one way to succeed in a workers’ compensation claim is through the “special exposure” exception to the general rule.
Read MoreCan I file a workers' compensation claim after I've been terminated/laid off in California? Short answer: Yes. But, it’s not straightforward and loaded with many potential pitfalls for the claimant. One commonly used exception to the bar against post-termination/layoff filings is where an employee obtained medical treatment for the work injury prior to the notice of termination/layoff.
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