If you live in the Rancho Bernardo area and are unsure as whether you qualify for workers comp benefits, it is always best to consult with a job injury attorney in Rancho Bernardo. Nevertheless, determining eligibility for workers comp benefits can be fairly straightforward. California Workers Compensation Law breaks down eligibility into three major requirements:
- You must have been an actual employee
- Your injury must have stemmed from work-related conduct
- Your employer must have workers compensation coverage
Employee or Not an Employee
Most of the time, this requirement is very easy to determine. If you work for your employer then you are an employee. However, It becomes trickier when your employer has classified you as independent contractor. Independent contractors are people who are typically hired for one specialized job, such as painting an office. Independent contractors often bring their own tools and dictate the manner in how their job will be performed. Some employers, however, misclassify employees as independent contractors to abuse various sections of the California Labor Code. Employees v. Independent Contractors are discussed in more detail in our section on Wage and Hour law.
Injured on the Job
It is important to note that it does not matter whether the injury is the employee’s or employer’s fault — only that there was an injury suffered on the job. Determining whether the injury stemmed from work-related conduct is also usually easy to determine. The simplest case is when a worker is injured while working at his place of employment during work hours. However, interpreting whether it was “on the job” can be arguable. For example, the injury may occur during a meal break away from the employer’s premises.
Some injuries occur away from the premises due to a negligent third party not associated with the employer. As long as the injury occurred while the employee was performing work for the employer, the workers comp claim will survive. Additionally, a personal injury claim arises against the third party in such situations. If you are unsure as to whether you were the injury occurred while working, job injury attorney in Rancho Bernardo Steven Brian Davis offers free confidential case evaluations. Contact him here to discuss your claim.
Employer Must Have Workers Compensation Coverage
California Workers Comp Law requires all employers to have workers compensation coverage. It important to notify your employer of your injury as soon as possible. If your employer does not have coverage, then can you file a lawsuit in civil court. In either case, consulting with a job injury attorney in Rancho Bernardo is highly recommended to understand your options. Rancho Bernardo workers comp attorney Steven Brian Davis offers years of experience in both California Personal Injury Law and California Workers Comp Law. Contact Steven Brian Davis for a free, confidential case evaluation, call 1-858-451-1004.