Independent Contractors and Workers’ Compensation in Pasadena

Working as an independent contractor can create uncertainty after a workplace injury. Employees generally receive protection through the state’s workers’ compensation, while genuine independent contractors generally do not. However, the label a company gives you does not necessarily control your legal status.

If you sustained injuries while working, the issue of independent contractors and workers’ compensation in Pasadena may become central to your claim. One of our workers’ comp attorneys at LNN could examine how you performed your job and whether the company misclassified you as an independent contractor when state law considers you an employee.

Classification Informs Workers’ Compensation Eligibility

The state’s workers’ compensation coverage generally protects employees who suffer qualifying job-related injuries or illnesses. As true independent contractors ordinarily fall outside that employment relationship, classification can determine whether they can receive workers’ compensation benefits.

Signing a Form 1099 or an independent contractor agreement does not automatically exempt you from workers’ compensation benefits. Under California Labor Code § 2775, the state generally uses the ABC test to determine whether you are legally an employee, though different standards can apply to certain occupations. Under that test, the hiring entity generally must show that you are free from its control, that your work falls outside its usual course of business, and that you run an independently established trade of the same nature as the work the employer performs.

If a company in Pasadena directs how you perform your duties or incorporates your work into its regular operations, the law may consider you an employee eligible to receive workers’ compensation rather than a true independent contractor. One of our attorneys could assess whether an improper classification prevented you from accessing that coverage.

What Should You Do After a Work-Related Injury?

California’s Division of Workers’ Compensation advises injured workers to report a work-related injury or illness promptly. If an employer does not learn about an injury within 30 days and the delay prevents it from properly investigating the circumstances, the worker could lose the right to workers’ compensation benefits.

You should also complete a Workers’ Compensation Claim Form (DWC 1) and return it to your employer. The employer generally must provide the form within one working day after learning about the injury or illness. Filing the claim form begins the workers’ compensation claims process and helps establish a record of the injury and the benefits being requested.

Seeking appropriate medical care is another important step. Tell the medical provider that your injury is work-related and explain how the injury occurred. Once a claim form has been filed, California generally requires the employer or claims administrator to authorize appropriate medical treatment within one working day while the claim is being investigated, subject to applicable limits.

If you are classified as an independent contractor in Pasadena but believe you should have been treated as an employee, the claims process can become more complicated. Keeping copies of your contract, pay records, communications with the company, and other documents showing how you performed your work may help establish the circumstances surrounding your relationship with the company. Our team can review these records along with your injury and the company’s response to determine what legal options may be available.

Call Us To Discuss Securing Workers’ Compensation as an Independent Contractor in Pasadena

Classification disputes add another layer of difficulty when you are already dealing with an injury. Our team at LNN could examine your working relationship with the company, evaluate whether the applicable classification test supports employee status, and help you pursue a workers’ compensation claim when the facts justify it.

We could also respond when an employer or insurer relies on your contractor designation to dispute coverage. We could answer your questions about independent contractors and workers’ compensation in Pasadena. Contact LNN to schedule a consultation to discuss your work arrangement, your injury, and your legal options.