A work injury could result in costly medical expenses and lost wages if you are unable to work. In California, all employees have the right to seek compensation for workplace injuries, even if they are in a contract with their employer.
A Glendale subcontractor rights lawyer could assist you in filing a claim for medical expenses and income replacement. If you are dealing with an employer who is attempting to reduce your benefits or an insurance adjuster who is misinterpreting the situation, an experienced workers’ compensation attorney’s support could be crucial for a successful claim.
Some contracting relationships fall outside the state workers’ compensation system because independent contractors are not typically entitled to benefits from the contracting party. However, not all subcontractors are independent, which makes them eligible to file a benefits claim.
The distinction between independent contractors and employees is generally determined by the degree of control an employer has over a subcontractor’s work. Independent contractors are often hired for specialized tasks and allowed to complete their work independently, whereas subcontractors work under more supervision. Each case is unique and requires careful examination of the specific details to determine classification.
If a subcontractor is classified as an employee, they can pursue a benefits claim against the contractor for injuries sustained on the job. These injuries could incur medical costs and loss of income due to disability. Examples include, but are not limited to:
Determining whether a subcontractor can receive workers’ compensation from a general contractor or hiring party often requires a legal analysis of the contract and the specific details surrounding the incident. An expert Glendale attorney could protect a subcontractor’s rights to compensation and ensure they receive the damages owed.
The workers’ compensation system is designed to provide benefits for injured workers without the need for lengthy litigation. An injured worker can notify their employer, file a claim, and receive benefits quickly to cover medical treatment and replace some lost income. The compensation amount depends on the severity of the injury and the worker’s current ability to work.
While employers involved in this system will generally avoid direct lawsuits, they might try to contest total compensation. An employer may dispute the severity of the injury or its relation to the workplace.
Having a Glendale lawyer who is knowledgeable about subcontractor rights may help hold an employer accountable. They could gather evidence regarding the accident, prepare medical documentation, and handle adjusters from the California Division of Workers’ Compensation (DWC). Additionally, they could interpret the contract governing the subcontractor-prime contractor relationship to clarify what benefits may be available, regardless of employment status.
Subcontractors are often confused with independent contractors, leading to the misconception that they must provide their own workers’ compensation insurance. However, this is not always the case. Enlisting the help of an attorney could protect your right to compensation from the contracting party.
A Glendale subcontractor rights lawyer at Glauber Berenson Vego could advocate on your behalf as you recover from a workplace injury, making sure that you are entitled to compensation, just like any other type of worker. Contact our team as soon as possible to schedule a free consultation.
