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What Employees Are Exempt from Workers’ Compensation in California?

  • Published: April 28, 2021

Experiencing an injury at work can be devastating, especially if the damage is severe. Enduring a slip-and-fall or burning yourself on a piece of equipment can impact you for days or even years. Employers who have insurance for their team may offer workers’ compensation for unexpected accidents so that their employees can pay for medical bills and take time to recover. However, certain employees, depending on where they work, might be exempt from claiming workers’ compensation in California.

Although there are many positions across the state that are covered by their employer’s insurance, those in certain roles may be left without assistance if they hurt themselves at work. If you are curious about whether or not you may be eligible for obtaining workers’ compensation in the state of California, it is important to know your rights.

Are There Limitations on Obtaining Workers’ Comp for Part-time or Undocumented Workers?

Many individuals who work in California may wonder whether they are able to obtain benefits from workers’ compensation after an injury on the job if they are only part-time employees. This is a common question, but there is no guideline to suggest that an employer will withhold access to workers’ compensation after an accident if the employee in question only works for a few hours a week. If the accident occurred while you were on the job, their insurance will cover it.

The same can be said for workers who are undocumented or have green cards. Immigration status does not determine your eligibility to receive compensation for your injuries, but there are certain limitations placed on awarded benefits for undocumented employees. If you have questions about your options in this circumstance, you should speak with a reliable attorney who can help you navigate the legal process.

Which Employees in California Are Ineligible for Workers’ Compensation Benefits?

Depending on the type of business that you work for, you may not be eligible to receive benefits from workers’ compensation after experiencing an accident on the job. Some of those roles or jobs may include the following:

  • Deputy sheriffs and deputy clerks
  • Domestic workers related to their employers
  • Business owners (roofers excluded)
  • Employees who work for aid such as food or housing rather than pay
  • Volunteers for non-profit organizations
  • Students participating in amateur sporting events

For many of these cases, the reason that you may not have access to workers’ compensation is different. Speaking with an experienced workers’ compensation attorney in California can help you learn more about your rights in these situations and if you can obtain any form of financial assistance for your injuries.

Should I Obtain Workers’ Compensation Insurance if I’m Self-Employed in California?

There are often a fair amount of questions surrounding the option for self-employed workers to obtain insurance in the event of an accident while they’re on the job. If you are someone who does any kind of physical work as a self-employed individual, it may be in your best interest to find a way to incorporate workers’ compensation insurance into your business budget.

If you are self-employed and do hurt yourself while working, you run the risk of losing out on financial assistance from your insurance company if you do not have any workers’ compensation in place. If you are unsure of whether or not you need to make the jump to having this type of insurance for yourself as someone who is self-employed, an experienced lawyer can help you make the right decision.

Speak with a Trusted California Workers’ Compensation Lawyer

Understanding the complexities of obtaining workers’ compensation in California can be challenging, especially if you are unfamiliar with the process or how insurance companies often function when it comes to awarding financial compensation. If you find yourself in a circumstance where you are concerned about obtaining workers’ compensation after an accident, contact one of our dependable legal professionals here at KCNS Law Group.

Moving on after an accident can be difficult, but the lawyers at KCNS Law Group can help. We are dedicated to helping our clients understand their options and their rights after a harmful incident. To learn more information about how our firm of trained workers’ compensation lawyers in California can help you, give us a call at (818) 937-9255 or reach out to us online to schedule your case consultation completely free of charge.

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