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    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 LNN 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 LNN Personal Injury Lawyers today to schedule a consultation and learn more about your options.

    WE HANDLE A WIDE RANGE OF PERSONAL INJURY CASES, INCLUDING:

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    Airline & Airport Employees
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    Auto Workers
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    Brain Injuries
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    Business Professionals
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    Fire Fighter Injuries
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    Health Workers
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    Industrial Workers
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    Neck and Back Injuries
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    Police Officer Injuries
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    Repetitive Stress Injuries
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    Restaurant Worker Injuries
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    Shoulder and Elbow Injuries
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    Union Workers Injuries

    California Workers' Comp Faqs

    Workers’ compensation is a social insurance program that provides benefits to employees who suffer from a job-related injury. It is designed to ensure the employee receives prompt medical treatment and compensation for lost wages, regardless of who is at fault. The program was adopted in California and most other states during the early 20th century, and replaces the right of employees to sue employers over work-related injuries in exchange for benefits.
    If an employee incurs a work-related injury or illness and the employer does not have valid workers’ compensation insurance, workers’ compensation may not be available as a remedy. However, the employee can still file a civil action against their employer in addition to filing a workers’ compensation claim. Employees should reach out to their local DWC office to discuss their options further. The employee can also work with a workers’ compensation attorneto help them pursue compensation.
    The last thing you want to deal with after being hurt on the job is fighting with the insurance company just to get your wages paid or to see that your medical bills are taken care of. Has your workers’ comp claim been denied or delayed? Do you suspect some type of insurance bad faith? Our Los Angeles workers’ compensation attorneys are here to help. We can file an appeal on your behalf and continue pursuing the compensation you deserve.
    Workers’ compensation claims can be difficult to navigate, especially after you have been injured. Our Los Angeles workers’ compensation attorneys are here to guide you every step of the way and ensure you have the best chance of success.
    Many workers’ compensation claims are complicated. The best way to ensure that you obtain your full benefits after an on-the-job injury is by consulting with a Los Angeles workers’ compensation attorney. Without the help of an attorney, you may not receive the compensation you are entitled to for your medical care, disability payments, and more. An experienced attorney can help you understand your rights and responsibilities regarding your workers’ compensation claim. They can also assist you with an appeal if your claim is denied. Workers’ compensation claims require adherence to tight deadlines, failure to report an injury in a timely manner can result in your claim being rejected. It is generally in your best interest to consult with a Los Angeles workers’ compensation attorney as early in the process as possible.
    Individuals in California who are injured on the job or have a work-related illness may be entitled to several benefits through their company’s policy. Most employers in the state are required to either purchase a workers’ compensation policy from a licensed insurer or become self-insured. If you are injured at work, your employer’s workers’ compensation benefits may include payment for:
    • Medical care
    • Temporary disability benefits
    • Permanent disability benefits
    • Supplemental job displacement benefits
    • Death benefits
    It is important to discuss your case with a Los Angeles workers’ compensation attorney as soon as possible after your injury. An attorney can help you understand how to file a claim through your employer’s policy and ensure that you receive the maximum compensation available based on your case.
    An employer cannot fire you for filing a workers’ compensation claim. It is unlawful for an employer to retaliate against an employee who has been injured on the job and is seeking workers’ compensation benefits. In addition, an employer cannot deduct a portion of your paycheck in order to help offset the cost of workers’ compensation benefits. If you filed a workers’ compensation claim and were subsequently fired from your position, you might be entitled to file a wrongful termination lawsuit. There are strict state and federal laws that protect workers from wrongful dismissal. Our attorneys can help you file the appropriate claim against your employer if you were wrongfully terminated.
    Depending on the severity of the injury, you may be unable to return to your previous job duties. If you have long-term medical problems related to your on-the-job injury, you might be entitled to permanent disability benefits. Permanent disability benefits are designed to compensate those whose injury results in a reduced earning capacity. You might still be able to collect permanent disability benefits even if you are able to return to work. In order to qualify for permanent disability benefits, a doctor must first find that your condition is not likely to change or improve. The doctor may state that your injury has reached its maximum medical improvement or has become permanent and stationary.
    If you have a work-related injury, you need to act quickly to protect your right to compensation. First, report the injury to your employer. In some cases, your injury may be caused by repeated exposure as opposed to a single accident. It is critical to report the injury immediately upon discovery, even if it occurs over time. Second, you need to seek emergency medical treatment. Any delay in treatment may directly affect your ability to receive full workers’ compensation benefits. Seek and continue treatment. Do not miss doctor’s appointments and follow through with any referrals to specialists or other recommendations. Finally, contact a Los Angeles workers’ compensation attorney. An attorney can help you file a claim for benefits and ensure that you receive fair and full compensation for your losses.
    In the unimaginable event that you have lost a loved one due to a job-related injury or illness, you might be entitled to workers’ compensation death benefits. Generally, spouses, children, and other dependents are entitled to death benefits. A Los Angeles workers’ compensation attorney can help you understand your rights and whether you qualify for death benefits. We know that no amount of money could ever fully compensate you for the loss of your loved one, but these benefits may help to relieve unexpected costs such as burial expenses.
    By law, most employers in California are expected to have workers’ compensation coverage for their employees to compensate them if they are injured on the job. Your employer is required to pay a specific amount to you; however, if a third party was involved—such as a manufacturer or someone not employed by your employer—then you may be entitled to secondary compensation.
    In California, workers’ compensation covers all of your authorized injury-related expenses, including (but not limited to) medical costs, rehabilitation costs, therapy, and any job-related retraining you may need to get back to work. You may also be eligible for temporary total or temporary partial disability benefits if your injury has put you out of commission for a time. Should your injury pose permanent limitations on your ability to do your job or eliminate your ability to work at all, you may be able to receive permanent disability benefits.
    Talk to your employer about your injury or developed illness right away. Ideally, do this as soon as you are injured or become aware of your illness so that your employer has the option to send you to a physician in their medical provider network. Seek medical attention and keep record of any diagnoses, x-rays, doctor’s notes, prescribed treatments, etc. If your injury requires you to receive immediate medical attention, do so before talking to your employer, but do not wait more than 30 days to report your injury. Make your workers’ comp claim official by filing an Application for Adjudication of Claim no more than 1 year after your injury. This is one of several forms you will need to file in order to recover costs associated with your injury or illness.
    Every employer in the state of California is required to hold a workers’ compensation insurance policy with a licensed insurer and provide related benefits to their employees when the need arises. Even small companies with only a few employees must provide workers’ compensation for their employees and have sufficient insurance.
    If your employer is not properly insured and cannot cover your injury-related costs, the state of California has what is known as the Uninsured Employer’s Benefit Trust Fund (UEBTF), which serves as a fallback and provides the funds for hurt workers.
    LNN is located in downtown Los Angeles. We can take all workers’ compensation cases based in California.
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    If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.