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Are Part-Time Workers Eligible to Receive Workers Compensation in California

 Posted on December 30,2020 in The Workers' Compensation Process in Calfornia

Photo of a Part-time Worker in CaliforniaPart-time workers get injured on the job just like full-time employees. As such, they suffer the same types of expenses and losses. Yet, many part-time workers believe that they cannot collect workers' compensation. Fortunately, this is untrue. In California, part-time workers are eligible to receive workers' compensation benefits. However, there are a few notable exceptions. Thus, it is important to speak to a Gilroy workers' compensation lawyer. He or she can help you understand your rights to compensation after a work-related injury.

Understand How California Workers Compensation Coverage Works

First, it is important to understand how California workers' compensation law protects injured workers and employers. First, employers must provide these benefits to employees who suffer an injury at work. Employees benefit because they do not have to prove liability or wrongdoing to obtain these benefits. The employer benefits by avoiding personal injury lawsuits when workers suffer an injury in their facility. However, there are some rules and requirements for collecting workers' compensation.Additionally, receiving workers' compensation in California is not a guarantee. For example, not all workers can receive benefits through the workers' compensation system, including:

  • Sole proprietors with no employees
  • Employer's spouse or children
  • Volunteers
  • Independent contractors

How Can I Determine if I Am a Part-Time Employee or Independent Contractor

Fortunately, part-time and seasonal employees can receive workers' compensation benefits in California. However, you may need help determining if you are a part-time employee or an independent contractor. Essentially, it is up to your employer to decide job classifications. There are no legal guidelines that determine if you are a part-time employee or a full-time employee. However, the Bureau of Labor Statistics (BLS) says that a worker who works under 35 hours a week is considered a part-time employee.Also, as an employee, it is important to understand that businesses and managers do not always play fair. For example, they may attempt to convince part-time workers that they cannot collect workers' compensation benefits after an accident. They may even misclassify an employee and claim that he or she is an independent contractor instead of a part-time employee. When this occurs, injured workers need someone on their side who can fight for their rights.

Contact a Gilroy Workers Compensation Lawyer

As a part-time worker, you have rights in California. These rights extend to collecting workers' compensation benefits after suffering an injury. Yet, part-time workers may not receive the benefits they need without a fight. An experienced attorney can review your employment status, job duties and history and develop a sound legal strategy. Contact an attorney today at (408) 848-1113 or fill out our confidential contact form for a free consultation. We are here to help you through the workers' compensation process.

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