Employees can sometimes suffer injuries while working. This is particularly true in physically demanding industries like construction or health care. Fortunately, workers’ compensation can provide relief.
But, not all employees are eligible for these benefits. To qualify, they must meet specific requirements under state law.
Employees who are eligible for benefits
Thanks to state law, nearly all workers in California are eligible for benefits regardless of their employment status. This includes full-time, part-time, seasonal and even temporary workers. The eligibility for these benefits also extends to undocumented workers. If they seek compensation for medical costs, for instance, they can receive those benefits since they are eligible for it.
All employers must provide these benefits to their employees. These benefits include medical care, disability payments and lost wages for work injuries and illnesses. This provision applies as long as the business employs at least one person.
Those who can’t receive workers’ comp benefits
There are exceptions to the coverage, though. The following workers or entities typically do not qualify for workers’ comp benefits:
- Independent contractors
- Business owners
- Business partnerships
- Corporate officers
Due to their employment status, these people often fall outside the coverage scope. For instance, if business owners or their partners develop a work illness, they can’t claim workers’ compensation. As a result, they usually need to secure their own insurance coverage. In some cases, they may also need added financial protection to recover from an injury or illness.
Evaluating a workers’ comp claim
The process of evaluating a workers’ comp claim involves more than just considering employment status. It also takes into account whether the employee followed the proper procedures. For instance, employees risk losing benefits if they fail to correctly report an injury or file a claim properly.
A worker causing their own injury could further complicate their claim, even if the injury took place at work.
To check their eligibility, employees should consider consulting a legal professional. Such a professional can clarify workers’ compensation laws and guide them through the claim process.