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Who Is NOT Covered by Workers Compensation Insurance?

Work Injury

If you are injured or ill on the job, Workers Comp insurance covers medical expenses and a portion of lost wages. Even though the State of California requires employers to carry Workers’ Compensation coverage, not every worker is covered. Here are some examples of those not covered by Workers Comp.

Business Owners and Volunteers

Business owners, from sole proprietors to partners are not covered by their company’s workers’ compensation insurance. Some business owners may elect to receive WP if they pay the premium. As for volunteers, they are not generally considered employees, so they are not eligible for WP. There are some exceptions like- volunteer police officers and firefighters who are requested by a firefighter or police officer to assist in an emergency.

Federal Employees, Railroad and Dock Workers

Federal employees, (postal workers, railroad employees, and dock workers are covered by the (FECA) Federal Employees Compensation Act. This act covers occupational diseases and industrial injuries

Railroad workers are covered by the Federal Employers Liability Act, which allows them to sue even if they are not covered by their state’s workers comp for their industrial accidents. The Longshore and Harbor Workers’ Compensation Act governs dock workers’ compensation for  occupational diseases or injuries that occur on US waters and piers.

Independent Contractors

Only an employee is covered by workers compensation, not an independent contractor. Independent contractors usually receive payment per job versus employees who receive wages on an hourly or salaried basis. This distinction matters a great deal when a worker is injured on the job. It is not uncommon for some employers to try to say an injured worker is an independent contractor so they do not have to pay for their workers comp benefits.

 Other Exceptions to Workers’ Compensation Coverage in California

  • Residential part-time gardeners or maintenance workers
  • Part-time housekeepers and nannies
  • Taxi drivers
  • Some agricultural workers

CONTACT A WORKERS COMP ATTORNEY, CONTACT KJT LAW GROUP

Let the professionals at KJT LAW GROUP help. If you have any questions regarding Workers Comp in California, we specialize in protecting workers when ill or injured on the job. Because we understand the complexities associated with Workers Comp, we can improve the chances of you receiving your rightful compensation. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Insights on artful litigation

What is the Statute of Limitations for Car Accidents in California?

Between 2015 and 2016, many statistics for car accidents in California saw increases. The number of fatalities related to accidents went up by 7 percent. Fatalities involving impaired drivers, motorcyclists, and passengers not using seat belts all increased. Even fatalities involving cars vs. bicycles, cars vs. pedestrians, and teen drivers increased.

The 5 Most Dangerous Intersections in California

Any number of situations can lead to an auto accident. Distracted driving, speeding, and equipment failure are just a few of the reasons car crashes occur. Sometimes, the design of an intersection also plays a part in auto accidents.

I Was Injured by a Drunk Driver. What Should I Do?

Drunk driving is still a leading cause of death in vehicle crashes. Per National Highway Traffic Safety Administration statistics, every 48 minutes a person dies as a result of a crash involving a drunk driver. If you’re involved in a crash with a drunk driver, call the police and seek medical care. You might feel fine, but adrenaline can mask the pain and discomfort for a few hours.

Will My Personal Injury Case Go to Trial?

Black’s Law Dictionary estimates that only four to five percent of personal injury cases ever make it to trial. Very few cases ever do make it into a courtroom. Most reach an out-of-court settlement. This is due to two things. First, according to the Bureau of Justice Statistics (BJS), about half of all civil cases lead to a positive outcome for the plaintiff. Second, it’s time-consuming. It can take months or even years to battle a personal injury case in the courts.

What Should I Do After a Bicycle Accident?

When you’re in an accident on your bicycle, call the police. Of course, if you’re badly injured, you’ll have to rely on a witness to do this for you. If you feel fine, you still must call the police. You might find more damage to your bicycle than you first thought. You don’t want the driver to leave without having a way to get hold of that driver down the road.

Motorcycle Accidents – 5 Statistics That Will Leave You Shocked

In 2015, approximately 8.6 million motorcycles were registered in the U.S. That same year, motorcycle riders suffered 88,000 reported injuries, and 5,029 fatalities were reported. When you’re on a motorcycle, there is very little protecting you from serious injury during a crash. Cars have a harder time seeing you. If there’s a crash, the clothing and helmet you wear are the only protection you have between the ground and other solid surfaces. Here are five shocking statistics about motorcycles and motorcycle accidents.

Hit By A Car Crossing The Street? Here’s What To Do Next

Did you know that most pedestrian accidents occur between the hours of 6 and 9 p.m.? About 3 out of 4 accidents where a car hits a pedestrian take place in the dark. This is why it’s so important to wear bright, reflective clothing. If possible, wear flashing lights that can be seen from different angles.

Department Store Injuries & What To Do Following One

Accidents can happen at any time and in any place. If you’re injured in a retailer, be it a small general store or a large box store, you may be entitled to reimbursement to cover any medical expenses. It all comes down to what happened.

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