Between different state laws and employee classifications, it can be tough to know if you are eligible for workers’ compensation. Luckily for employees, the state of California ensures that businesses offer adequate workers’ comp eligibility for most jobs.
While California has many protections in place for injured employees, you must still take the appropriate steps for filing workers’ compensation claims. Whether you missed a couple weeks of work due to an accident or injury while on the job, it’s important to work with a skilled attorney on your workers’ compensation claim.
Without getting the advice of attorneys like Casa de la Justicia, you risk missing out on important benefits like access to medical providers and disability payments.
Casa de la Justicia is here to help you with your workers’ compensation claim. Give us a call at 1-800-840-8080 for a free consultation.
Who is Eligible for a Workers’ Comp Claim in California?
According to California Labor Code Section 3700, businesses of all sizes in California are required to offer workers’ compensation benefits for employees.
Full-Time Employees
While qualifications for full-time employment vary from business to business, the IRS has provided some clear guidance on the topic. According to the IRS website, “a full-time employee is, for a calendar month, an employee employed on average at least 30 hours of service per week, or 130 hours of service per month.”
Part-Time Employees
It is widely accepted that part-time employees never work 40 hours per week. In fact, this differentiation often decides which employees receive certain benefits like health insurance. Please note, some businesses consider 30-35 hours of work per week to be full-time.
Undocumented Workers
Undocumented workers are non-citizens who illegally live and work within the United States.
Contrary to popular belief, undocumented workers in California are eligible for workers’ comp benefits. In fact, California Labor Code Section 1171.5 guarantees that immigration status has no bearing on whether a person can receive workers’ comp.
Unfortunately, many undocumented employees refuse to file workers comp claims because they fear deportation or being fired. If you are an undocumented employee that is injured on the job, please speak to the attorneys at Casa de la Justicia.
Requirements for Filing a Workers’ Compensation Claim
You must meet some basic criteria to qualify for a workers’ compensation claim in California. Aside from having qualified employment status, you must also be able to prove that your injury or illness occurred on the job.
Employment Status
As mentioned earlier, both full-time and part-time employees are eligible for workers’ compensation benefits in California. While the basic tenets of workers’ comp eligibility are undisputed, exactly what differentiates an “employee” from a “contractor” is often much less clear.
California businesses are not required to offer workers’ comp insurance for 1099 contractors. Regrettably, certain companies have been known to take advantage of this law and misclassify part-time and full-time employees as contractors. In doing so, they avoid having to pay workers’ comp insurance premiums.
If you believe that you are being misclassified as a contractor, please contact a workers’ rights attorney today. Not only are you likely eligible for workers’ comp benefits, but you might also have reason to file a lawsuit.
Injured on the Job
The other qualifying condition for worker’s compensation is an injury on the job. While this notion might seem obvious, there are situations where it might be hard to prove an injury or illness occurred at work.
Repetitive use injuries which occur over time like tendinitis are sometimes more difficult to prove for workers’ comp. In like fashion, injuries that are sustained at job functions like company parties can be difficult to claim for workers’ comp.
Whether your injury is easy to claim or not, it’s always a good idea to contact a workers’ rights attorney immediately when you get hurt.
What Benefits Should I Expect with a Worker’s Comp Claim?
California offers a few different workers’ comp benefits for employees. Depending on the nature of your injury, you could be eligible for one or many of these benefits.
According to the CA Department of Insurance, the 5 basic types of workers’ compensation benefits in California include:
- Medical Care
- Temporary Disability Benefits
- Permanent Disability Benefits
- Supplemental Job Displacement Benefits
- Death Benefits
Factors such as the nature of your injury or illness, as well as your salary, will influence the end result of your workers’ compensation claim. For example, temporary disability payments in California are two-thirds of your monthly salary – up to $6,672. Similarly, permanent disability benefits are only offered in serious cases that have been thoroughly proven.
Contact Casa de la Justicia Today!
If you are injured on the job, Contact Us immediately and report the incident to your employer. The team at Casa de la Justicia will ensure you get medical treatment with no out-of-pocket expenses.
