Workers’ compensation is available to most full-time employees in California, but it may not be available to every work. As a previous post on this blog mentioned, many San Diego, California workers operate on daily basis as independent contractors, meaning that they, at least in theory, are not the employee of the firm which is paying them but are rather more like service providers one hires on a job-by-job basis.
This arrangement may be great in the sense that it gives a certain amount of freedom to the worker, but independent contractor status is not what a worker really wants to have when they get hurt at work, especially if they have no means themselves to pay for their injuries and resulting lost earnings.
As our previous post mentioned, the first thing a San Diego resident should consider in this situation is whether they are really an independent contractor or if that is just a label a business is using in order to keep them off the official payroll and, thus, not eligible for benefits through that business’s workers’ compensation program.
Sometimes, this is a tricky question to answer, as businesses will often fight hard to keep an independent contractor from being deemed an employee entitled to benefits.
However, our experienced workers’ compensation attorneys can help injured workers whom their employers are calling independent contractors establish the facts and make the arguments demonstrating that they are in fact employees and, as such, should get workers’ compensation through their employer.
Even when it turns out that an independent contractor is correctly classified as one, our firm also offers other legal services to these injured workers, such as filing an appropriate personal injury action on their half in order to get compensation.