If you’re an independent contractor in California, you might wonder if you can claim workers’ compensation benefits if you’re injured on the job. In California, workers’ compensation laws primarily protect employees, not independent contractors. However, the line between employee and independent contractor can sometimes blur, and understanding the classification is key.
Understanding employee classification in California
California has strict rules for classifying workers. The most widely used standard is the “ABC Test,” which determines whether a worker is an independent contractor or an employee. According to this test, to be considered an independent contractor, you must meet all three of the following conditions:
- You must work free from the control and direction of the hiring company.
- You must perform work that is outside the usual course of the hiring company’s business.
- You must engage in an independently established trade, occupation, or business.
If you don’t meet these conditions, you likely qualify as an employee, even if you consider yourself an independent contractor. If you qualify as an employee, you gain the right to workers’ compensation benefits.
What happens if you’re misclassified?
If you work under the assumption that you’re an independent contractor but should be classified as an employee, you could miss out on workers’ compensation benefits. Misclassification is a serious issue in California. If you believe your status is incorrect, you can seek reclassification. Once correctly classified as an employee, you can file a workers’ compensation claim if you get injured on the job.
Can independent contractors still get workers’ compensation?
While independent contractors generally don’t qualify for workers’ compensation benefits, you can still protect yourself by purchasing your own insurance. Some contractors opt for workers’ compensation insurance, which can cover medical expenses and lost wages in case of injury. It’s worth exploring this option to ensure you have protection.
Being clear about your employment classification is necessary to understand your rights and benefits. If you’re an independent contractor and unsure about your classification, it might help to review your situation to determine whether you qualify for workers’ compensation or other protections.
