Decades of Workers' Compensation Experience in the Central Valley
All California employers must purchase workers’ compensation coverage for their employees. Independent contractors do not qualify for benefits, no matter how severe the injury.
However, it is possible your employer misclassified you as an independent contractor. Employers often do this to avoid having to pay for workers’ compensation and other benefits afforded to their employees.
Below, learn more about how employees could be misclassified as independent contractors. If you were injured on the job and your employer said you were not eligible for benefits because of your employment status, contact one of our licensed Bakersfield workers’ compensation lawyers for a free consultation.
An employee is someone who works for someone else under an oral or written contract. The employer directs the employee’s work, sets the schedule and provides materials the employee needs to complete his or her work.
An independent contractor is someone who performs a specific task for an agreed-upon fee. The employer is not in control of how the work is performed. That means the contractor is in control of the safety of the work. That is part of the reason independent contractors are not covered by workers’ compensation.
There are many factors our attorneys may consider regarding your status as an independent contractor, such as:
In September 2019, California’s governor signed a bill into law on the employment status of workers who employers claim are independent contractors. According to the test created by this law, a worker can be considered an independent contractor if the following things are all true:
California also has something called the Borello test, which is used in certain situations to determine when certain workers are employees or independent contractors. The Borello test examines multiple factors, such as:
It can be very difficult to determine if you may have been misclassified as an independent contractor on your own. The licensed attorneys at Berry, Smith & Bartell have extensive knowledge about California’s workers’ compensation system and when workers should be classified as employees.
We offer a free consultation to discuss your situation. You are under no obligation to hire us if we find you have a case. There is no risk to you in meeting with us to discuss your work and your employer’s control of your on-the-job activities.
The lawyers at our firm have more than 85 years of combined experience helping work injury victims obtain compensation.
For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!
Decades of Workers' Compensation Experience in the Central Valley