Who Can Receive Workers’ Comp in California?

If you’re injured on the job, you may wonder if you qualify for workers’ compensation benefits. In California, workers’ comp is designed to protect employees—but not everyone is automatically covered.

Here’s what you need to know about eligibility:

1. You Must Be an Employee

Workers’ comp benefits are for employees, not independent contractors. However, just because you’ve been labeled a contractor doesn’t mean you actually are one. California law uses the ABC Test to determine your true status. If your job duties, schedule, or control fall under employer direction, you may be misclassified and still eligible.

2. Your Employer Must Be Covered

California law requires nearly every employer to carry workers’ comp insurance, even if they only have one employee. If your employer is uninsured, you may still be able to file a claim through the Uninsured Employers Benefits Trust Fund (UEBTF).

3. The Injury Must Be Work-Related

To qualify, your injury must have occurred in the course and scope of employment. This includes:

– Injuries at your workplace

– Injuries while traveling for work

– Repetitive stress injuries

– Some psychological injuries (if work-related)

– Illnesses due to exposure on the job

4. You Don’t Need to Prove Fault

California’s system is no-fault, which means you don’t need to prove your employer caused your injury. As long as it happened during your job duties, you’re likely covered.

5. Undocumented Workers May Still Qualify

Your immigration status does not automatically disqualify you. California law allows undocumented workers to receive medical treatment and disability benefits in many situations.

Think You Might Qualify? Get Help.

Don’t guess when it comes to your rights. Even if your employer says you’re not eligible, the law may say otherwise.

Thomas F. Martin, PLC offers a free 30-minute case evaluation to help you find out where you stand. Call (714) 547-5025 today.

Also read: Types of Workers’ Comp Settlements in California