Typically independent contractors are not considered employees covered under California's Workers Compensation benefits. However sometimes there is exceptions and it depends on a number of factors that involve your job.
Factors considered in this include..
Whether you set your own hours or if you have a set schedule by a supervisor you must report to..
Whether you have to wear a uniform to work representing a company.. these are just some examples of what your lawyer would consider in helping handle your work related injury.
It's always good to speak to a professional to make sure you have all options available to you.
If you need a work injury attorney contact California Law Associates at 714-542-3377 or by filling out the contact form
It is understandable to have a fear of losing your job over filing a claim. Many employees think that filing a workers comp case is a direct suit against their employer. In a way it is and it isn't.
Every employer is required to maintain liability insurance for workers compensation claims. That means that your boss pays his insurance a premium just in case you get hurt on the job. The insurance company is actually the company who fights against your claim and who you will be dealing with , they represent your employer.
If you file a claim it does not give your employer the right to automatically terminate you. If they do so just because you filed a claim you may have another legal action against them called a Wrongful Termination, under California's Labor Code Section 132A which states..
132a. It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment. (1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
If you've been hurt on the job contact a lawyer as soon as possible.
Andria Holt is a J.D. graduate of Pacific Coast University School of Law who has been employed in the California Workers' Compensation Field since 2008.
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