Covered Employees Under California Workers’ Compensation
If you’ve been injured on the job in California, you may be wondering whether you qualify for workers’ compensation benefits. California’s workers’ compensation system is designed to protect employees who suffer work-related injuries or illnesses, but not every worker is covered under this system. Below, we’ll break down who is and who isn’t covered by California workers’ compensation laws. If you’ve been injured on the job in Orange County or the Inland Empire and need help exercising your right to valuable workers’ comp benefits, contact Invictus Law, P.C., to speak with a skilled and experienced Southern California workers’ compensation lawyer.
Who Is Covered by Workers’ Compensation in California?
Most workers in California are covered by workers’ compensation. The law requires nearly all employers to provide workers’ compensation insurance, even if they have only one employee. Covered employees include:
Full-Time, Part-Time, and Seasonal Employees
Workers’ compensation benefits apply to employees regardless of whether they work full-time, part-time, or seasonally. If you are on an employer’s payroll and receive wages, you are generally covered.
Temporary and Contract Workers
Employees hired through staffing agencies or on a temporary basis are typically covered under workers’ compensation. However, whether the staffing agency or the client company is responsible for providing coverage depends on the specific employment arrangement.
Undocumented Workers
California law extends workers’ compensation protections to undocumented workers. This means that even if you are not legally authorized to work in the United States, you can still receive medical treatment and disability benefits if you suffer a workplace injury.
Apprentices and Interns
Paid apprentices and interns are usually considered employees and are entitled to workers’ compensation benefits. Unpaid interns, however, may not be covered, depending on the nature of their work and whether an employment relationship exists under California law.
Volunteers (in Certain Cases)
Some volunteers may be covered if they work for public agencies, nonprofit organizations, or other entities that choose to provide workers’ compensation insurance for volunteers. However, private-sector volunteers are generally not covered.
Who Is Not Covered by Workers’ Compensation?
While most workers are covered, there are exceptions. The following categories of individuals may not be entitled to workers’ compensation benefits in California:
Independent Contractors
Independent contractors are not considered employees and are generally not covered under workers’ compensation. However, just because an employer classifies a worker as an independent contractor does not mean they legally qualify as one. California uses the ABC test to determine whether a worker is an independent contractor or an employee. If an employer misclassifies an employee as an independent contractor, the worker may still be eligible for benefits.
Business Owners and Sole Proprietors
Unless they specifically opt into coverage, business owners, sole proprietors, and members of LLCs are not automatically covered by workers’ compensation insurance.
Household Workers (Certain Cases)
Casual domestic workers, such as babysitters, house cleaners, and gardeners who work only occasionally, may not be covered. However, if a household worker is employed regularly and earns more than a certain amount, the homeowner may be required to provide workers’ compensation coverage.
Federal Employees and Certain Public Employees
Federal employees, such as postal workers and military personnel, are covered under separate federal workers’ compensation programs rather than California’s state system. Additionally, certain public employees, such as law enforcement officers and firefighters, may have special workers’ compensation rules.
Sole Shareholders of a Corporation
If a corporation is solely owned by one person, that individual may not be required to have workers’ compensation insurance for themselves, though they must provide coverage for any employees.
What If Your Employer Claims You’re Not Covered?
If your employer claims you are not covered by workers’ compensation, but you believe otherwise, you should seek legal advice immediately. Employers sometimes misclassify workers to avoid paying for workers’ compensation insurance. If you were injured on the job and your claim is denied due to your employment classification, you may still have legal options to fight for benefits.
How Invictus Law, P.C. Can Help
At Invictus Law, P.C., we specialize in helping injured workers in Orange County and the Inland Empire get the workers’ compensation benefits they deserve. Whether you need assistance proving your employment status or appealing a denied claim, our experienced workers’ compensation attorneys are here to fight for you.
If you’ve suffered a workplace injury and are unsure whether you qualify for benefits, contact us today for a free consultation. We’ll review your case and help you understand your rights under California workers’ compensation law.
