In California, independent contractors are not entitled to workers’ compensation benefits. However, some employees may qualify when their employers misclassify them as independent contractors, potentially enabling compensation.
With a better understanding of independent contractors and workers’ compensation in San Diego, you may be able to determine whether you are eligible to file a workers’ comp claim.
Independent contractors in California do not qualify for workers’ compensation under state laws.
Specifically, the Labor Code helps dictate who is an employee vs. an independent contractor, stating: “Any person rendering service for another, other than as an independent contractor, or unless expressly excluded, is presumed to be an employee.”
In some instances, employers may misclassify employees as independent contractors for personal benefit. For example, they may do so to avoid having to pay for workers’ compensation and certain taxes while reducing liability.
As a result of this misclassification, people who might otherwise qualify for workers’ compensation may no longer be able to recover compensation, even if their employer has a workers’ comp policy. Insurers might deny a claim because the employer labels them independent contractors in agreements and contracts.
A workers’ compensation attorney might be able to help independent contractors in San Diego figure out whether their employer misclassified them.
Whether a worker is an employee or an independent contractor will depend on several key factors. These factors include:
Independent contractors typically have control over their behavior on the job. Meanwhile, employees will follow an employer’s detailed instructions regarding various aspects of the job. Employers also provide training and perform performance evaluations to gauge employees’ capabilities.
Independent contractors generally buy most of the equipment and supplies they use to perform work. They also tend not to receive reimbursement for work-related expenses from clients or other parties, and they offer services available to clients of their choosing.
Employees tend to have written agreements or contracts stating that they are employees, and the length of the contract is normally indefinite. Employees also receive various benefits from employers, including health insurance, paid time off, a pension, and others.
However, even if a contract lists a worker as an independent contractor, it is the facts relating to the job, not the document, that determine if someone is an employee.
If you believe that your employer misclassified you as an independent contractor when you are actually an employee, you may be able to file a claim against the employer with the help of a workers’ compensation lawyer.
To discuss independent contractors and workers’ compensation in San Diego, contact an experienced attorney to discuss a potential case.
