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California Who is Eligible For Workers' Compensation?
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Have You Been Injured on the Job and Are Unsure if You Have Eligibility for Workers’ Comp?
At Goldberg & Loren, we specialize in workers’ compensation cases and can help you determine if you qualify for benefits. Our team of experienced attorneys will guide you through the process and fight for your rights.
Don’t miss out on the benefits you deserve! Workers’ compensation can provide financial assistance for medical expenses, lost wages, and more. Let us help ensure you receive the financial support you need during this challenging time.
Contact Goldberg & Loren today for a free consultation and find out if you are eligible for workers’ comp.
Eligibility for California Workers' Comp Benefits
Eligible workers include full-time, part-time, and seasonal employees, as well as individuals who are considered “W-2 employees.” Regardless of the length of employment or the number of hours worked, these workers are entitled to claim workers’ comp benefits.
California’s workers’ compensation system also extends its coverage to domestic workers and agricultural workers. Often performing essential services in private households or agricultural settings, these individuals are entitled to the same benefits and protections as other employees.
California labor laws require employers to provide workers’ comp insurance to temporary workers and independent contractors.
Sole proprietors are not required to carry workers’ comp insurance for themselves, although they may choose to do so voluntarily.
California workers’ comp laws do not cover certain types of workers, such as volunteers, individuals who perform services for free, and unpaid interns.
The most costly workers’ compensation claims result from motor-vehicle crashes, averaging $85,311 per claim filed in 2019 and 2020. The other causes with above-average costs were burns ($54,173) and falls ($48,575). [1]
How Does Workers' Compensation Work?
Workers’ compensation is a system designed to provide financial compensation and benefits to workers who suffer job-related injuries or illnesses.
If you get injured on the job or develop a work-related illness, you should immediately report the incident to your employer. This should be done as soon as possible, ideally within the designated time frame specified by your company’s workers’ compensation policy.
Your employer is responsible for providing you with the necessary claim forms to initiate the workers’ compensation process. You will need to complete these forms accurately, describing your injury or illness, and submit them to your employer and the workers’ compensation insurance company.
California insurers incurred $5.9 billion in expenses in 2022. Medical benefits for injured workers totaled $4.4 billion, while indemnity benefits totaled $4.0 billion. [2]
Are There Workplace Injuries Not Covered in Workers' Comp?
Here are a few examples of workplace injuries that may not be covered by workers’ compensation:
- Self-inflicted injuries
- Injuries resulting from intoxication or drug use
- Injuries during breaks or lunchtime
- Horseplay or engaging in prohibited activities
- Injuries during the commute
- Independent contractor injuries
What About Fraudulent Claims?
If your employer lacks workers’ compensation coverage and you believe it should be in place, you can reach out to the Division of Fraud Bureau of Workers Compensation Fraud. Anonymity can be maintained. If you are an employer, it is recommended that you verify the filing of the workers’ compensation claim with your insurance carrier and have a discussion regarding the claim with the carrier.
If an employee fails to follow safety precautions and gets injured, compensation will still be provided, but the indemnity benefit may be reduced by 25% if the employee is aware of the safety rule and chooses to disregard it.
If you refuse to undergo drug and/or alcohol testing, you may lose your eligibility for medical and indemnity benefits. Refusing to submit to testing creates the assumption of a positive result.
Workers compensation is beneficial for both employers and employees in the employer/employee relationship. This compensation provides both with protection and peace of mind in the event of workplace accidents, ensuring that neither party faces financial hardship. Workers’ comp also provides protection for the families of workers who pass away due to workplace injury or disease. Although this is a worst-case scenario, it does occur, and it allows families to seek a solution.
Contact our California workers’ compensation attorneys today for a free consultation regarding your injury or illness.
Sources:
[1] Workers Comp Costs. (n.d.). Retrieved September 1, 2023, from https://injuryfacts.nsc.org/work/costs/workers-compensation-costs/
[2] California comp earned premium up in 2022 – Business Insurance. (2023, June 28). Business Insurance. https://www.businessinsurance.com/article/20230628/NEWS08/912358310/California-comp-earned-premium-up-in-2022
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