Which Employees Are Covered By Workers’ Compensation?

Which Employees Are Covered By Workers’ Compensation?

Injuries at work happen every day. Depending on the type of work you do, injuries could range from light injuries to fatalities.

In the state of California, every employer should have insurance in order to cover for all the injuries sustained by their employees. In case an employer doesn’t have one, he or she will face serious penalties and charges, and may even go to prison.

So does that mean that all employees are covered by workers’ compensation? Well, not exactly. Here is how it works.

Covered Employers

All employees working for an employer who is covered by insurance are entitled to receive workers’ compensation, should they receive an injury while performing their regular work duties. Regardless of the job type, as long as you can prove that the injury you sustained came from an accident at work, you are eligible to file for workers compensation. To do so, you are going to need an attorney; if you don’t have one, we encourage you to contact one of our Lancaster Workers Compensation Attorneys, schedule a free initial consultation and receive a free case evaluation. Our knowledgeable attorneys will guide you through the system, and do everything in their power to ensure that your initial claim is successful.

Misclassified Workers

However, it is no secret that there are many employers who misclassify their employees. If you are being classified as an individual contractor or a casual or seasonal worker, you won’t be able to receive any benefits for any injuries sustained at the workplace.

By misclassifying their workers, employers avoid their legal obligations and try and save money in the process (refusing to pay for overtime work, refusing to provide their employees with workers’ compensation insurance).

It is important to talk with a Lancaster Workplace Injury Attorney and learn more about misclassification and how it can affect you. Perhaps you were also misclassified without even knowing it. Let our attorneys help define your employee status, and help you receive the compensation you deserve for the injuries you sustained (or the condition you develop as a result of hard work or working in unhealthy or unsafe working environment).

There Are Some Exemptions

Certain types of workers are excluded from the workers’ compensation system. These workers are:

  • Agricultural/farm workers
  • Casual and seasonal workers
  • Part-time and domestic babysitters
  • Taxi drivers
  • Real estate agents
  • Ministers
  • Clergy members

Unless their employers voluntarily cover them, these types of workers are unable to seek any compensation from the workers’ compensation system.

In addition, some states have special workers’ compensation system for firefighters, police officers and other law enforcers. To find out what rules apply to your state, you have to speak with a skilled Workers Compensation Attorneys in Lancaster .

All of our attorneys offer a free consultation. They work on contingency – if you do not receive your compensation, you will not be charged a single dollar for attorney’s fees. You have nothing to lose, but you can win everything. Give us a call, and let us help you receive what you are owed.