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Disability Law Offices of Tony Adderley

Who’s Covered, Who’s Not

  • By: Tony Adderley
  • Published: June 13, 2014

Independent contractors are excluded from seeking workers’ compensation benefits under California law. However, California law does not clearly specify who is and who isn’t an employee or an independent contractor. That’s a determination that’s made, ultimately, by bureaucrats. Nevertheless, the rapidly-evolving 21st-century business environment often requires freelancers and part-time workers to perform tasks that historically were performed by full-time, “official” employees. The consequence is that many California workers end up being unjustly denied workers’ compensation claims. If you find yourself in this tough situation anywhere in southern California, get some legal help and sound legal advice from an experienced Los Angeles workers’ compensation attorney.

When it determines someone’s eligibility for workers’ compensation benefits, the California Division of Labor Standards Enforcement (DLSE) starts by assuming that the worker is covered, but a final determination is made only after a number of factors are assessed, including:

  • Is the worker typically under supervision or self-supervised?
  • Who supplies the worker’s workspace and equipment?
  • Is the worker doing work distinct from the typical or routine work of the employer?
  • What is the relationship? Does the employer hire on a job-by-job basis? Does the employer allow the worker to seek and perform similar work for other employers?

In many cases, California employers and their workers’ compensation insurers will deny claims based on imprecise definitions and standards. This forces injured claimants to turn to the DLSE for a final decision. Without representation from a good California workers’ comp lawyer, these injured Californians can lose the workers’ compensation benefits they need and deserve. If you or someone you know needs to file for workers’ compensation benefits in southern California – now or in the future – or if you have any questions about workers’ comp or about your eligibility for benefits, speak right away with an experienced Los Angeles workers’ compensation attorney.

About the Author Tony Adderley has been working as a professional advocate for
individuals entitled to Social Security Disability (SSD) and worker’s
compensation benefits for more than 20 years.