Work injuries often result in substantial medical expenses and lost wages if you become unable to work. After an on-the-job accident, many employees are eligible for workers’ compensation benefits to help cover the cost of medical expenses and make up for lost wages. However, since independent contractors are not classified as employees, they are typically not eligible for these benefits. If you are a subcontractor who sustained injuries while working, you have the right to seek compensation. An experienced Downey subcontractor rights lawyer could help you explore your legal options and determine who may be liable for your injuries. Schedule a consultation with a seasoned workers’ compensation attorney today.

Subcontractors and Workers’ Compensation

Independent contractors are not technically employees, which means they are not eligible for workers’ compensation benefits after an accident. However, not every subcontractor is an independent contractor. A subcontractor who works under a general contractor may be eligible for workers’ compensation insurance following an injury. Although a self-employed subcontractor is typically not eligible for workers’ compensation, they may have other options for seeking compensation following a workplace injury. A Downey lawyer could help you understand your rights as a subcontractor and explore all avenues for compensation.

Can Subcontractors Pursue Compensation After a Workplace Injury?

In California, all employees have the right to seek compensation for workplace injuries. Depending on your relationship with the general contractor or the hiring party, you may have different options for seeking compensation after workplace injuries. The following factors may allow you to seek compensation for workplace injuries as a subcontractor.

Employee Misclassification

Hiring independent contractors helps employers save money. However, worker classification is not defined by title. To help workers avoid missing out on the benefits they are entitled to, California has specific criteria for classifying independent contractors, including the following:

  • The worker must be free from the control of the hiring party
  • The worker must be an established business or trade occupation
  • The worker must be performing work that is outside of the usual course of the company’s business operations

Any worker who does not meet the listed criteria for an independent contractor may be eligible for workers’ compensation benefits. However, worker status can be difficult to prove, often requiring the skills of an experienced attorney.

Personal Injury Claims

An independent contractor who is ineligible for workers’ compensation may be able to pursue compensation through a personal injury lawsuit if the accident occurred due to someone else’s negligence. In this situation, the worker would file a civil claim with supporting evidence that shows how someone’s negligence caused the injury.

Insurance Settlement

In some industries, contractors must carry their own insurance. Depending on the terms of the policy, it may cover damages caused by a work injury, including losses covered by other parties. However, insurance companies can deny a claim requiring a contractor to file an appeal. Having a work injury lawyer negotiate with an insurer on your behalf could help you achieve a fair settlement.

Let a subcontractor rights lawyer from Glauber Berenson Vego review your case to determine whether you are eligible for Downey workers’ compensation benefits.

Reach Out to a Credible Downey Subcontractor Rights Attorney

Workplace accidents can lead to severe injuries that have long-term impacts on your ability to work. While independent contractors are not eligible for workers’ compensation, misclassification frequently results in workers not getting the benefits they deserve. A Downey subcontractor rights lawyer could help you protect your right to compensation following a workplace injury.

The experienced work injury lawyers at Glauber Berenson Vego have ample experience protecting the rights of subcontractors who have been injured on the job. We could help you explore your legal options for compensation and negotiate on your behalf while you recover from your injury. Speak with our team today to schedule your free consultation and explore your legal options.

Downey Subcontractor Rights Lawyer

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