Can I get workers’ compensation as an independent contractor?

Working Independently – Employee Compensation

If you are an independent contractor and are injured while performing your job, you may be wondering if you are entitled to workers’ compensation under your employer.

The short answer is no, and here is why.

Worker Compensation Laws in California

Employers in California are not legally required to purchase workers’ compensation insurance for employees who are classified as independent contractors. If an independent contractor is injured on the job, the employer is not responsible for reporting the injury or covering any medical expenses associated with the injury.

That being said, there are times when employers improperly classify employees as independent contractors to avoid paying workers’ comp as well as payroll taxes, minimum wage, overtime, and other requirements.

This is illegal, and if you are concerned that you are being classified as an independent contractor instead of an employee, you should speak with a workers’ compensation attorney.

To avoid penalties that come with improper classification, it is important for each working relationship to be completely researched and analyzed before establishing the employment status.

Since independent contractors are not entitled to workers’ comp, if these individuals are injured on the job and are later discovered to be employees, then the company could be fined and charged with a crime.

Related Content

What is workers’ compensation?

Types of Injuries

Reporting an Injury

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