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Does California Workers’ Compensation Cover Independent Contractors Too?

By Kenton Koszdin Law Office on October 16, 2012 | In Workers Compensation

The short answer to this question is no: California workers’ compensation does not cover independent contractors. In order to be covered by your employer’s workers’ compensation coverage in California, you must be an employee, not a contractor.

However, there is no single hard rule that determines who is and who is not an “employee.” It’s important to consider all the factors related to your job and your relationship with the person or business you do your job for.

For instance, consider the following factors. Do they apply to you and your work? The more of these that apply to you, the more likely it is that you are an employee, not a contractor:

  • The person paying you controls when, where, and how long you work.
  • The person paying you supplies the tools or equipment you use for work.
  • The person paying you has the right to fire you.
  • The person paying you pays you an hourly wage or a salary.
  • Your pay comes with deductions for unemployment or Social Security taxes taken out.

Even if the person or business calls you an “independent contractor,” you may still be able to prove you are an “employee” and get workers’ compensation benefits if you meet the standard for “employee” established by California law.

If you’ve been injured on the job, a skilled workers’ compensation attorney in Los Angeles at the Kenton Koszdin Law Office can help you establish your “employee” status and meet other requirements so that you receive the workers’ compensation benefits you need. For a free consultation, call us today at (800) 438-7734.

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