Am I Eligible for Workers' Comp Benefits?

Posted By Law Offices of Wax & Wax || 22-Oct-2015

In California, all employers with at least one employee are legally required to have workers’ compensation insurance coverage. This type of insurance is designed to help compensate workers who have been injured in the workplace or suffered an illness related to their job.

Like any other insurance provider, workers’ comp providers will often look for any way to deny or mitigate the value of your claim. For this reason, it’s best to retain a Glendale workers’ compensation lawyer who can defend your interests at every step of the process. In this blog, we discuss the three major things to look for when determining your eligibility for a claim.

Your Employer Must Have Workers’ Comp Coverage

In California, this is a given. If your employer has even one person working for them, they will be required to carry workers’ compensation insurance. Furthermore, they must have this coverage even if the one employee is a temporary worker.

You Must Actually Be an Employee

This may seem like a no-brainer, but this is complicated by the existence of independent contractors. Although they may work for an employer, independent contractors are not considered employees and are therefore not eligible for workers’ comp benefits. However, many workers are misclassified as independent contractors, and should actually be considered employees. If you have been denied benefits because your employer wrongfully classifies you as an independent contractor, call our Glendale workers’ compensation attorneys today.

The Illness or Injury Must be Related to Work

Perhaps the most complex aspect of a workers’ compensation claim is proving that the injury or illness was actually work-related. In some cases, this is fairly straightforward, such as throwing out your back while lifting heavy items. Other cases, however, can be much more ambiguous. Insurance companies will often claim that you were guilty of misconduct in order to mitigate the value of your claim; this can include criminal activity, violating safety regulations, and otherwise acting in a prohibited way. For all of these reasons, it is crucial to seek representation from an experienced Glendale workers’ comp attorney.

Injured at work? Call Wax & Wax today at (818) 946-0608 to schedule your free consultation.

Categories: Workers' Compensation
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