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Workers’ Comp For Part-Time Employees

Anytime you have a job in the state of California, you should be able to receive workers’ compensation benefits if you sustain a workplace injury. Workers’ compensation benefits and coverage are governed by strict laws in the state of California, and nearly every single employee in this state is required to have coverage provided by their employer.

Here, we want to discuss some of the issues that arise when a part-time worker sustains an injury or illness related to their work duties. We never want any person to hear from their employer that “workers’ compensation does not cover part-time employees,” because we know that the law says otherwise.

Who is Covered by Workers’ Compensation in California?

California law requires that every employer provide workers’ comp benefits to every employee. Any person who sustained an injury or illness caused by job-related duties is generally going to be able to receive various types of compensation. This includes coverage of their medical treatment, lost wages, and temporary or permanent disability benefits. Workers’ compensation benefits are available to those across all lines of employment, including those who are employed both legally and illegally.

All part-time employees in California are entitled to workers’ compensation benefits. Any injured part-time employee is entitled to receive the full workers’ comp benefits available under the law.

Who is Not Covered by Workers’ Compensation in California?

There are some situations where a person performing work may not be entitled to workers’ compensation benefits. This includes independent contractors. This has been a subject for debate in California for years, and the state legislature even passed a law to make it more difficult to classify workers as independent contractors. However, the voters in California overturned this law, thereby making it a little bit easier for employers to use independent contractors for everyday employment types of jobs.

However, independent contractors are not entitled to receive workers’ compensation benefits in California. If you are an independent contractor and have been injured on the job, we strongly suggest that you seek legal assistance as soon as possible. Workers who are truly independent contractors will likely not be able to receive compensation benefits for their injuries, but it is not uncommon for employers in California to purposely misclassify employees to avoid paying certain benefits, including workers’ comp.

Additionally, there are other “employees” who are not covered by workers’ compensation, including the following:

  • Sole proprietors with no employees
  • An employer’s spouse, children, or parents
  • Certain volunteers who do specific kinds of jobs without compensation
  • Directors or officers of a corporation who are the only owners of that corporation (in some cases)

Aside from these examples, any other worker in this state, including part-time employees, must be covered under workers’ compensation laws. Any employer who fails to provide this type of coverage for their employees could face significant criminal and civil penalties as a result of their actions. This can include massive fines and even jail time for the transgressor.

A skilled workers’ compensation attorney in Riverside can help a work injury victim if they believe they have been wronged by their employer. An attorney can use their resources to fully investigate the case, determine whether or not the injured worker is covered under the California workers’ comp laws, and help the injured worker secured the compensation they are entitled to.

The attorneys at Bentley & More remain committed to exceptional client service during the coronavirus pandemic. Please contact us today remotely.