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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

How to Maximize Your Car Accident Settlement or Verdict

Knowing the possibilities when it comes to the financial impact, how do you maximize a car accident settlement? You need to start at the beginning. From the moment the accident happens, document everything.

What Should I Do After A Truck Accident?

The cause of a truck crash varies. For smaller passenger trucks it could be just about anything from an impaired driver to speed. For large trucks (tractor-trailers), these five reasons were most common:

What Should I Do After A Truck Accident?

Looking at the National Highway Traffic Safety Administration’s statistics, light and large trucks accounted for a high number of crashes in 2016.

Top Reasons Why Law Firms Refer Out Personal Injury Cases

You may think you have a valid complaint against a business or person. Yet, you’ve called a personal injury attorney and they didn’t seem interested in your personal injury case and recommended someone else. You’re surprised. Don’t be. It’s not as uncommon as you’d think. There are several reasons why law firms refer out personal injury cases.

How Do Car Accident Settlements Work?

Under California’s Fair Claims Settlement Regulations, you should hear from an insurance company within 15 days of filing a claim. The company must accept or deny the claim within 40 days after fathering the proof. If you’re waiting on a settlement payment, this can seem like an unbelievably long period of time.

Can People Of All Ages Have A Medical Malpractice Case?

Are there age limits to a medical malpractice suit? Anyone can file a claim. You must follow the malpractice statutes of limitation in your state.

The Importance Of Going To The Hospital After A Car Accident

Every day in the U.S., approximately 6,438 drivers and passengers are injured in car crashes. Another 102 or so are killed in car crashes. Car accidents occur all the time, but when you’re in one, panic takes over and often keeps you from rationally thinking about what you need to do.

When To Call An Attorney After A Car Accident

You’ve collided with another vehicle. No matter who is at fault, there are several steps you should take immediately after the crash. They are:

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