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California Workers’ Compensation for Domestic Workers

By Kenton Koszdin Law Office on January 5, 2018 | In Workers Compensation

California Workers’ Compensation for Domestic Workers

Many domestic workers like housekeepers, nannies and caregivers are not aware that they have the right to federal and state labor rights including Workers’ Compensation (WC) benefits.

In fact, with just a few exceptions, all domestic workers in California are eligible for WC. The exceptions to this coverage are casual part-time babysitters – for example, your teenage next-door neighbor and those domestic workers who are classified as independent contractors.

It’s not straightforward to determine if you are an independent contractor. You may qualify as an employee even though the person you work for told you that you are an independent contractor and supplies you with a 1099 form at the end of the year.

In our state, qualifying as an “employee” versus an independent contractor depends on many variables, including whether taxes are withheld from your pay; where you perform your work; what equipment your employer provides.

All Employers Must Obtain Workers’ Compensation Insurance

California employers must purchase WC insurance from an approved provider and keep the coverage current by paying the applicable premiums.

If you were placed by a company that provides domestic workers, that company is the employer and is responsible for withholding taxes from your checks as well as providing WC insurance.

Other homeowners and business owners may hire domestic workers through an agency. Again, here the agency is the employer and responsible for WC insurance.

However, when an individual hires a domestic worker directly, that person is responsible for purchasing WC insurance.

To find out more about your legal rights as a domestic worker who has been injured on the job, consult with an experienced California WC attorney. You may still be eligible for benefits even if you have signed a contract stating that you are an independent contractor if we can prove that you were wrongly classified.

We Can Help with Your Social Security Disability Benefits Application and Appeal

If you or a loved one has been denied Worker’s Compensation or Social Security Disability (SSDI) benefits, it’s important to get an attorney experienced in these types of cases involved immediately. Call 800.438.7734 for your initial free consultation, either in our office or in the comfort of your own home. The Kenton Koszdin Law Office, Social Security attorney in Van Nuys, can help you navigate the application process for the best possible outcome for you and your family.

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