When you get hurt at work, you are eligible for workers’ compensation, right? Unfortunately, not always. It depends on how your employer has classified you. Generally, employees are eligible for workers’ compensation, while independent contractors are not. That said, your employer may have you misclassified as one or the other, so whether you can obtain workers' comp benefits may not be immediately clear.
If you are facing challenges regarding employee classification and workers' compensation, you should talk to an experienced attorney as soon as you can. At Arshakyan Law Firm, we are dedicated to helping injured workers get the benefits they deserve under California law. Call us today to schedule a free case evaluation with a workers’ compensation lawyer in Los Angeles.
Who is Eligible for Workers Comp?
Workers' compensation is a form of insurance that provides benefits to employees who have suffered work-related injuries or illnesses. In general, employees who suffered an injury or become ill because of their work-related activities are eligible for workers' compensation benefits. However, there are certain criteria that must be met to qualify for these benefits.
To be eligible for workers' comp, a worker must be classified as an employee. Independent contractors and volunteers are usually not eligible for workers' compensation benefits. It is essential to understand the distinction between an employee and an independent contractor to ensure that you receive the appropriate benefits. A lawyer with experience in workers' comp cases can evaluate your situation and determine whether you should be eligible for benefits.
Independent Contractors vs. Employees
Understanding the difference between independent contractors and employees is vital when it comes to workers' comp. An independent contractor is typically a self-employed individual who works on a contract basis for a company. They have more control over their work schedule and how they perform their tasks. On the other hand, an employee works under the control and direction of an employer and is subject to the employer's rules and guidelines.
The classification as an independent contractor or an employee has significant implications for workers' compensation coverage. Employees are generally eligible for workers' compensation benefits, while independent contractors are not. However, misclassification of workers is a common issue, with some employers classifying workers as independent contractors to avoid providing workers' compensation coverage.
The ABC Test
To determine whether a worker is an independent contractor or an employee, many states, including California, use the ABC Test. This test consists of three criteria that must all be met for an individual to be classified as an independent contractor:
- The worker is free from the control and direction of the hiring entity in performing the work
- The worker performs work that is outside the usual course of the hiring entity's business
- The worker is customarily engaged in an independently established trade, occupation, or
- business.
If any of these criteria are not met, the worker is likely considered an employee and is entitled to workers' compensation benefits.
It is important to note that the determination of whether a worker is an independent contractor or an employee is not solely based on the worker's job title or the existence of a written contract.
Instead, the focus is on the actual working relationship between the worker and the hiring entity. Consulting with a Los Angeles workers' compensation attorney can help clarify your employment classification and ensure that you receive the appropriate benefits.
The Insurance Company Wants to Minimize Your Claim
When it comes to filing a workers' compensation claim, be aware that the insurance company is not on your side. While they may advertise themselves as supportive and caring, their goal is to minimize the amount of money they must pay out for your claim. This is why it is in your best interest to have an attorney on your side who can advocate for your rights and ensure that you receive the benefits you deserve.
Insurance companies employ teams of adjusters and lawyers who are trained to find ways to reduce the value of your claim. They will carefully review your medical records, work history, and any evidence you provide to look for any opportunity to dispute the severity of your injuries, downplay the impact of your workplace accident or even argue that your injuries were pre-existing.
Furthermore, insurance companies may try to pressure you into accepting a quick settlement that is far less than what you are entitled to. They know that many injured workers are in desperate need of financial assistance and may be willing to settle for less just to alleviate their immediate financial burden.
How a Los Angeles Workers' Comp Lawyer Can Help You
Handling an employee classification and workers' compensation case can be challenging, especially when you are dealing with the aftermath of a work-related injury or illness.
Seeking legal guidance from a Los Angeles workers' compensation attorney can provide you with the support and experience needed to protect your rights and obtain the benefits you deserve. Without a lawyer, your claim can be denied, or you can end up accepting a lower settlement than you will have gotten with the help of an attorney.
A skilled workers' comp lawyer can assess your case, guide you through the legal process, and advocate for your best interests. They will gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. Having a professional on your side can ensure that your employee classification is properly addressed, increasing your chances of securing the maximum compensation available.
Call a Los Angeles Workers' Compensation Attorney Today
For top-notch legal representation in workers' compensation cases in the Los Angeles area, trust Arshakyan Law Firm. Our experienced team of attorneys is committed to fighting for the rights of injured workers and providing them with the guidance and support they need during challenging times.
Call 888.851.5005 or contact us online to schedule a free consultation and ensure that your employee classification is properly addressed, protecting your eligibility for workers' compensation benefits.