Fresno Workers’ Compensation Lawyers

Workers’ Compensation Qualifications

California is one of the most worker-friendly states in the country when it comes to workers’ compensation qualifications and requirements. The law requires that any employer who has at least one employee (including full-time, part-time, or seasonal) must provide workers’ compensation insurance coverage for all employees. Under this broad rule, nearly every employer in California must purchase workers’ compensation insurance that covers work-related injuries and illnesses suffered by their employees.

Who Isn’t Covered by Workers’ Comp?

Certain workers in California are not usually covered by workers’ comp, including:

• Independent contractors
• People who work for aid, not wages
• Domestic workers who are related to their employers
• Volunteer workers in certain situations
• Deputy sheriffs and deputy clerks
• Student-athletes at amateur events
• Amateur sports officials
• Several other unique types of workers

Not sure if you are covered by workers’ compensation? Don’t assume. Find out for certain by talking with our legal team.

Also, if your employer tells you that you aren’t covered because of your job requirements, but you feel like you should be considered a regular employee, call (888) 740-6434 right away. Sometimes, employers intentionally misclassify their employees as independent contractors to exclude them from workers' compensation insurance policies and reduce their monthly premiums. This dishonest tactic could be what’s happening to you!

Workers’ Compensation is a No-Fault System

Workers’ compensation is a no-fault insurance system that is meant to give injured workers the care and financial aid they need to recover from a work-related injury. A “no-fault” insurance system does not require either party to prove or disprove fault for the accident or injury. Instead, the most important consideration is whether the accident or injury occurred in a way that was related to the claimant’s work or job duties. On the other hand, a “no-fault” insurance system also means that your employer can’t be blamed for most work injuries, so you usually cannot file a civil injury claim against your employer, even if you think their negligence caused the accident that left you injured.

Workers’ Compensation Benefits in California

Typical workers’ compensation benefits available to an injured worker in California are:

• Medical care: The full amount of any medical treatments required by an injured worker should be covered by workers’ compensation insurance, including hospitalization, physical therapy, prescription medications, co-pays, travel costs, and so on.
• Temporary disability: If an injured worker can’t return to work and needs to rest and recover, workers’ compensation can provide temporary disability benefits until the worker can return to work. Temporary disability pay is usually set at two-thirds of the worker’s average weekly wages.
• Permanent disability: A permanently injured worker may qualify for permanent total disability benefits. Instead of being based on the worker’s typical wages, permanent disability pay is usually based on the worker’s impairment rating, which reflects the severity of their disability.
• Vocational rehabilitation: Workers’ compensation may pay for vocational rehabilitation that allows the injured worker to start a new job, even if that means working for a new employer, assuming that they cannot return to their previous role due to their work-related injury. Vocational rehabilitation benefits can usually pay for up to $6,000 of training or education costs that would prepare the worker for their new role.
• Life pension: Workers who are given an impairment rating between 70% and 99% may be eligible for life pension payments through the workers’ compensation system. Life pensions provide a supplemental payment each week for the rest of their lives.
• Death benefits: If a worker suffers a fatal work-related injury or illness, workers’ compensation may provide death benefits to eligible surviving loved ones of the deceased worker. Death benefits can cover funeral and burial expenses, and may even provide a portion of the deceased worker’s wages and benefits for some time.

Please call (888) 740-6434, so we can schedule a case review with you soon.