There are some exceptions to workers’ compensation coverage.
The workers’ compensation system is a fairly ingenious system designed to make sure that employees who are hurt or who develop an illness while at work receive certain benefits — regardless of fault. Instead of haggling over the cause of the injury or illness, or what the benefits will be, the system is a type of insurance that pays workers on a schedule. Of course, there are often still disputes over an employee’s level of disability, whether the injury or illness was truly a result of employment or even the level of benefits, but overall, the system works to ensure that injured workers get coverage when they are hurt.
As a general rule, almost all workers can receive workers’ compensation if they suffer an on-the-job injury or develop an illness as a result of their work. Both full-time and part-time employees are typically covered by workers’ compensation benefits, provided that their injury or illness happened during the course and scope of their employment.
However, there are some categories of workers that may be exempt from workers’ compensation system. Each state has its own system of workers’ compensation, including California and Arizona. Depending on where you live, you may be excluded from the workers’ compensation system if you fall into one these categories:
- Independent Contractors: In most cases, independent contractors are self-employed. They are typically responsible for providing their own work benefits. However, in some cases, employers misclassify employees as independent contractors to avoid paying them benefits. A skilled workers’ compensation lawyer can help to explain more about this if you are in this situation.
- Casual Laborers: A person who does odd jobs for someone, such as an infrequent babysitter or a neighborhood kid who mows your lawn in the summer, may be considered a casual laborer. They will not likely be eligible for workers’ compensation benefits.
- Volunteers: People who volunteer generally do not qualify for workers’ compensation.
- Maritime Workers: Typically, maritime workers have a different employee benefits arrangement that is separate from the workers’ compensation system.
- Railroad Workers: Employees of the railroad usually have their own system of benefits that covers them when they suffer an on-the-job illness or injury.
- Military: Members of the military are covered by benefits provided by the Department of Veterans’ Affairs.
Coverage under the workers’ compensation system will vary depending on the type of work that you perform, your employer, and where you live. If you have any question about whether you qualify for benefits, a seasoned workers’ compensation lawyer can help you figure out if you may be eligible to apply.
If an employee is not eligible for workers’ compensation benefits, then there may be other ways to recover for an injury or illness suffered while on the job. For example, a casual worker — such as the babysitter mentioned above — who slips and falls down the stairs at the house where she is babysitting might be able to sue the homeowners to recover for her damages. Another option may be filing a formal appeal of a denial of workers’ compensation benefits. An experienced workers’ compensation lawyer will be able to explain these possibilities to a worker.
If you have been injured or developed an illness at work, the workers’ compensation lawyers of PLBH can help. Contact us today at (800) 435-7542 or info@plblaw.com to schedule an initial consultation and learn more about how we can help.