Independent Contractors and Workers’ Compensation in Bakersfield

Many people earn a living as independent contractors, from agricultural workers to truck drivers to oil field specialists and gig-economy employees. It is important that you understand independent contractors and workers’ compensation in Bakersfield. When an accident happens at work, you may wonder if you qualify for workers’ compensation benefits. State legalities can be complex, and the answer depends on how the law defines your role. A workers’ compensation attorney from the team at Levin & Nalbandyan could review your situation and explain whether you are entitled to benefits.

Independent Contractors vs. Employees

Workers’ compensation in Bakersfield is designed to cover employees, not independent personnel, who are hurt at work. Employers must provide this insurance, which pays for medical treatment, wage replacement, and disability benefits. Independent contractors are usually excluded from these benefits. Businesses are not required to carry workers’ compensation for them, and insurance companies often deny claims on this basis.

However, the label independent contractor is not always accurate. Some employers misclassify workers as contractors to avoid paying benefits or taxes. If this happens, the law may consider you an employee, even if your employer denies it. Our attorney could investigate your role, examine your contract, and determine whether you should qualify for benefits.

What Is the Statewide ABC Test?

The state uses what is known as the ABC Test to decide if someone is truly an independent contractor. Under this test, a worker is only considered a contractor if three conditions are met: the worker is free from the company’s control while performing their duties, the type of work they perform is different from the company’s usual business, and the worker has an independently established occupation.

If your job does not meet all of these criteria, the laws used in Bakersfield may consider you an employee instead of self-employed, which means you could pursue the benefits you are owed after an injury.

Local Workers and Misclassification

In Bakersfield, misclassification as a self-employed worker is a common employee compensation issue in industries such as agriculture, construction, and transportation. Many workers are paid as contractors even though they work under the same conditions as employees. This can create confusion when an injury occurs. A local attorney who understands state laws and workforce realities could challenge a wrongful classification and fight for your benefits.

Options if You Are a True Independent Contractor

If you are correctly classified as an independent contractor, you will not be covered by Bakersfield workers’ compensation. However, you still have legal options. If you carry occupational accident insurance, that will provide limited coverage for your injuries. You may qualify to file a personal injury claim if someone else’s negligence, such as a property owner or third-party driver, caused the accident. A lawyer could explain what options are available in your case.

Contact a Bakersfield Workers’ Compensation Attorney About Whether the Laws Consider You Self-Employed

It is important that you understand independent contractors and workers’ compensation in Bakersfield. If you are an independent contractor who was injured at work, you may still have options for pursuing compensation. Whether your employer misclassified you or you need to explore other claims, legal guidance could make all the difference. Our lawyers could review your case, explain your rights, and help you progress forward.

Contact Levin & Nalbandyan Trial Lawyers today to schedule a consultation and learn more about your options.