Suffering a workplace injury can be overwhelming, especially when you rely on workers’ compensation benefits to cover medical expenses and lost wages. But what happens if your claim is denied? You may be wondering, What disqualifies you from workers’ compensation benefits in California?

You can be disqualified from workers’ compensation benefits in California if your injury did not occur at work, resulted from intoxication or drug use, was intentionally self-inflicted, occurred due to horseplay or fighting, happened while committing a crime, or was reported too late. Additionally, independent contractors and certain categories of workers may not be covered.

With decades of experience in California workers’ compensation laws, I have helped countless injured workers successfully secure their benefits. In this guide, I will explain the key reasons for disqualification and how to avoid losing the financial support you need.

 

A workers compensation claim and workers compensation law being discussed with a lawyer in California.

 

Eligibility for Workers’ Compensation Benefits

To qualify for workers’ compensation benefits in California, you must:

  • Be an employee covered under the California workers’ compensation system.
  • Have suffered a work-related injury or illness.
  • Report the injury within the required timeframe.
  • Seek medical treatment from an approved provider.
  • Follow your employer’s or insurance company’s guidelines for claim submission.

Even if you meet these criteria, certain factors can disqualify you from receiving benefits.

 

10 Reasons You May Be Disqualified From Workers’ Compensation in California

1. Injury Did Not Occur at Work

To qualify for workers’ compensation, your injury must have happened while performing job-related duties. If the injury occurred:

  • At home or off-site while not working.
  • During a personal break unrelated to work duties.
  • Outside of work hours without employer involvement.

Your claim may be denied.

2. Intoxication or Drug Use

If you were under the influence of alcohol or drugs at the time of the injury, your employer’s insurance company may deny your claim. Employers may require a drug test following a workplace accident, and if intoxication is determined to be a contributing factor, you could be disqualified.

3. Self-Inflicted Injuries

Workers’ compensation does not cover injuries that are intentionally self-inflicted. If your employer or insurer can prove that you purposely caused harm to yourself, your claim will likely be denied.

4. Injuries from Horseplay or Fighting

Engaging in horseplay or altercations at work may disqualify you from benefits. If an injury results from:

  • Roughhousing with coworkers.
  • A fight unrelated to work duties.
  • Reckless behavior that violates company policy.

Your claim may be denied.

5. Failure to Report the Injury on Time

California law requires workers to report their injury within 30 days of the accident. If you fail to notify your employer within this timeframe, you may lose your right to claim benefits.

6. Working as an Independent Contractor

Independent contractors are generally not covered under California’s workers’ compensation system. However, some workers misclassified as independent contractors may still qualify. If you believe you were incorrectly labeled, an attorney can help you challenge your classification.

7. Injury Resulting from Criminal Activity

If you were committing a crime at the time of your injury, you will likely be disqualified from benefits. This includes:

  • Theft or fraud.
  • Assaulting a coworker or customer.
  • Any illegal activity conducted during work hours.

8. Pre-Existing Conditions

Workers’ compensation does not cover injuries unrelated to work or conditions that existed before employment unless the job aggravated the condition. If your claim is denied due to a pre-existing condition, medical evidence may help prove that your job worsened your injury.

9. Failure to Seek Approved Medical Treatment

You must seek medical care from an approved workers’ compensation doctor in California. If you refuse medical treatment or fail to follow prescribed care, your benefits may be reduced or denied.

10. Fraud or False Information on Your Claim

Providing false information on a workers’ compensation claim is considered fraud and can result in:

  • Immediate disqualification from benefits.
  • Fines and repayment of improperly received benefits.
  • Criminal charges, including potential jail time.

Always provide accurate details about how and when your injury occurred.

 

Comparing Who Qualifies vs. Who Is Disqualified

Factor Eligible for Benefits? Reason
Injury occurred at work ✅ Yes Work-related injury
Injury happened off-duty ❌ No Not work-related
Injury from horseplay ❌ No Not covered under policy
Failed to report injury on time ❌ No Must notify within 30 days
Pre-existing condition aggravated by work ✅ Yes Worsened by job duties
Using employer-approved doctor ✅ Yes Required for coverage
Using unapproved doctor ❌ No Must follow insurer’s process
Filing a fraudulent claim ❌ No Considered insurance fraud

 

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How to Avoid Disqualification

To ensure eligibility for workers’ compensation benefits in California:

  • Report your injury immediately to your employer.
  • Avoid horseplay, fighting, or reckless behavior at work.
  • Do not work under the influence of drugs or alcohol.
  • Seek approved medical treatment and follow all prescribed care.
  • Provide accurate details when filing your claim.
  • Consult a workers’ compensation attorney if you suspect your employer is misclassifying your employment status.

 

A lawyer working on denied workers compensation benefits and the state compensation insurance fund.

 

Appealing a Workers’ Compensation Denial

If your claim is denied, you have the right to appeal. The process includes:

  • Filing a claim form (DWC-1) and Application for Adjudication of Claim with the California Division of Workers’ Compensation.
  • Requesting a hearing before a workers’ compensation judge.
  • Providing medical records, witness statements, and employer documentation to support your case.

Many denied claims are successfully overturned with the right evidence and legal representation.

 

Secure Your Workers’ Compensation Benefits Today

Understanding what disqualifies you from workers’ compensation in California can help you avoid costly mistakes and improve your chances of receiving the benefits you deserve.

Denied workers’ compensation benefits? You only have a limited time to appeal! Call Scher, Bassett & Hames now at (408) 739-5300 for a FREE no obligation consultation. Let’s fight for the benefits you deserve before it’s too late!

 

Further Reading:

Resources:

For additional information and official guidance, visit these authoritative sources:

 

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FAQs About Workers Compensation in California

Can I get workers' compensation if I was at fault for my injury?

Yes, as long as the injury occurred at work and was not due to intoxication, criminal activity, or horseplay. Workers' compensation is a no-fault system, meaning you can still qualify even if you made a mistake that led to your injury. However, claims may be denied if negligence is extreme or intentional.

What happens if my employer refuses to file my workers' compensation claim?

You can file a claim directly with the California Division of Workers' Compensation. If your employer discourages or retaliates against you for filing, you may have grounds for a legal complaint against them. Retaliation for seeking benefits is illegal under California law.

Can I sue my employer if I am denied workers' compensation?

Generally, workers' compensation is an exclusive remedy, but in cases of employer negligence, you may have legal options. If your employer intentionally caused harm, failed to carry workers' compensation insurance, or engaged in serious misconduct, you may be able to file a personal injury lawsuit instead of or in addition to a workers' comp claim.

How long do I have to file a workers' compensation claim in California?

In California, you must report your injury to your employer within 30 days and file a workers' compensation claim within one year of the injury date. Missing these deadlines may result in a denial of benefits.

What if my workers' compensation claim is denied?

If your claim is denied, you can appeal the decision by requesting a hearing before a workers' compensation judge. It’s important to provide medical records, witness statements, and any other evidence to support your case. A workers' compensation attorney can help strengthen your appeal.

Can I change my doctor if I’m unhappy with my workers' compensation treatment?

Yes, but you may need approval from your employer’s insurance provider. If you are in a medical provider network (MPN), you can switch to another doctor within the network. If you are not in an MPN, you may be able to select a different doctor after 30 days of treatment.

Will I still receive workers' compensation if my employer goes out of business?

Yes, workers' compensation benefits should still be available through the employer's insurance provider. If the employer was uninsured, you may be able to file a claim with the Uninsured Employers Benefits Trust Fund (UEBTF) to receive compensation.

Can I work while receiving workers' compensation benefits?

It depends on your injury and work restrictions. If you are on temporary partial disability, you may be able to work in a modified capacity. However, you must report any earnings to the insurance provider, as working without disclosure can result in penalties or loss of benefits.

Do workers' compensation benefits cover all lost wages?

Workers' compensation typically covers two-thirds of your average weekly wage, up to the state maximum limit. It does not provide full wage replacement, but additional benefits may be available if you have a permanent disability or need job retraining.
About the Author

Gerald Scher, Attorney at Law

Gerald “Jerry” Scher is a San Jose personal injury attorney with over 30 years of experience. A graduate of Santa Clara University School of Law, he has secured settlements from $5,000 to $1.5 million in personal injury and workers’ compensation cases. Jerry is a member of the American Bar Association and Santa Clara County Trial Lawyers Association.