California requires employers to provide workers’ compensation insurance coverage for their employees. If you are hurt on the job, you may be eligible for workers’ compensation benefits, including necessary medical treatment, compensation for lost wages, and loss of earning capacity.
Unfortunately, eligibility is not guaranteed for all workers, and you need a tenacious workers’ compensation attorney to help you understand whether you have workers’ compensation claim eligibility in Van Nuys. Reach out to the seasoned legal team at Glauber Berenson Vego today for help.
In Van Nuys, the primary requirements for workers’ compensation claim eligibility are to ensure that:
Though these requirements might seem straightforward, there are additional factors to consider.
Examining whether someone is an employee is the first step. Many employers classify workers as independent contractors to avoid offering them benefits, including workers’ comp benefits. However, their job title does not disqualify them from receiving workers’ compensation. The state evaluates other factors, such as the level of control the worker has over their schedule and duties, to determine their status.
Insurers and employers may also dispute whether an illness is work-related. Sometimes, work-related injuries are clear-cut. For example, acute injuries that occur when an employee is performing job-related tasks are generally work-related. These acute injuries include things like exposure to chemicals, electrocution, amputations, or burns. However, employers may argue that the condition is due to personal activities rather than job tasks. The same applies to injuries involving pre-existing conditions.
Not all employees are covered or eligible for workers’ compensation insurance in Van Nuys, and independent contractors or gig workers typically are not covered by their company’s policy. They should have their own insurance coverage, ideally medical and business, to help cover the costs of work-related injuries.
Determining whether you should be eligible for compensation starts by looking at whether you are in a job category that is exempt from workers’ comp coverage. Those categories include:
While gig workers are not specifically exempt under the law, they are usually independent contractors and, therefore, exempt from coverage. If an insurer denied your workers’ compensation benefits claim and you believe the decision was incorrect, contact our team. Our legal professionals can explain the exemption laws for workers’ comp coverage and help you appeal if the denial was in error.
Under California law, employees injured on the job have a right to workers’ compensation benefits. Those benefits include compensation for lost wages, medical treatment related to a work injury, and more.
Contact our team if you have questions about workers’ compensation claim eligibility in Van Nuys. Our mission is to help injured workers secure the medical care, lost wages, and other benefits they deserve. We could discuss your options during a consultation meeting.
