Employee vs. Independent Contractor: Who Gets Workers’ Comp in California?
Whether you’re eligible for workers’ compensation in California depends heavily on how you’re classified: employee or independent contractor.
The difference may seem minor—but it can determine whether you receive medical care, lost wages, or nothing at all.
Why Classification Matters
Employees are covered by workers’ compensation. Independent contractors generally are not. That means if you’re hurt on the job and misclassified, you could miss out on benefits you’re legally entitled to.
California’s ABC Test
California uses the ABC Test to determine if a worker is truly an independent contractor.
You’re likely considered an employee unless:
A) You’re free from control and direction in how you perform the work
B) You perform work outside the usual course of the hiring entity’s business
C) You’re engaged in an independently established trade or occupation
If your job fails any one of these, you may be misclassified.
Industries Commonly Affected
– Gig economy (delivery, rideshare)
– Construction and manual labor
– Freelance creatives or consultants
– Health care and home services
Signs You Might Be Misclassified
– You use the company’s tools or equipment
– You follow a strict schedule
– You report to a supervisor
– You don’t have other clients or jobs
If this sounds familiar, you may be an employee under the law—even if your paycheck says otherwise.
What to Do If You’re Hurt and Misclassified
You can still file a claim. The California Workers’ Compensation Appeals Board (WCAB) may decide your employment status based on the facts—not just your title.
Protect Your Rights
Don’t assume you’re ineligible just because your employer says you’re a contractor. Misclassification is common—and you could be leaving benefits on the table.
Thomas F. Martin, PLC offers a free 30-minute case evaluation to assess your employment status and help you file the right claim. Call (714) 547-5025 today.
Also read: Can Your Employer Retaliate for Filing a Workers’ Comp Claim in California?
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