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Workers' Compensation Eligibility

Do I qualify for workers' compensation?

It is a common misconception that every employee is eligible for workers' compensation benefits when they are injured on the job. Every employer in California is required to provide workers' comp regardless of the work situation, but there are certain requirements that workers must meet in order to receive payment after suffering a work-related injury. If you qualify, you will be able to recover compensation for lost work and medical bills regardless of who is at fault for your injuries. One of the main requirements for seeking workers' compensation benefits is that you must be an employee of the company.

This means that independent contractors, such as freelance writers or tech consultants, are not entitled to benefits if they have suffered injury while working for a company. Volunteers are also ineligible to claim workers' comp benefits, but some organizations may choose to provide those benefits to volunteers anyways. California law makes special provisions for domestic workers, and they are allowed to seek workers ' compensation if they have been employed for at least 522 hours and have earned at least $100.00 during the ninety day period before their injury occurs. The only exception to this coverage is if the worker is employed by a parent, child or spouse.

Help from an Oakland Workers' Compensation Lawyer

The other main requirement for seeking workers' comp benefits is that your injuries must be work-related. Generally speaking, this means that you will qualify if you were injured while doing something for the benefit of your employer. However, this can be difficult to prove if the connection between your injury and your work was only loosely related.

In these cases, it is necessary to have the help and guidance of an Oakland workers' comp lawyer who is intimately acquainted with workers' comp law. The typical way that employers provide workers' comp benefits is by purchasing insurance from a state fund or on the private market, or by self-insuring.

If you are a federal employee, then you must seek compensation through the federal workers' comp program rather than the California state system. Many employees struggle with obtaining workers' comp benefits because they don't have a full understanding of the system, and that is why it is important to contact a legal professional as soon as you have been injured.

When you choose to work with The Law Offices of Jonathan M. Brand, you will receive the knowledgeable legal guidance you need from a law firm that has been helping injured workers since 1989.

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