In California, an employer calling you an independent contractor doesn’t automatically take away your right to workers’ compensation. Many injured workers get misclassified and don’t realize they may still qualify for benefits. If you got hurt while working in Folsom or anywhere in the Sacramento area, it’s worth finding out whether the law protects you.
Know the difference between a contractor and an employee
California law focuses on how much control your employer has over your work, not just how they pay you. Do they set your schedule? Tell you how to do the job? Provide your tools? If so, the law may consider you an employee. That classification gives you the right to collect workers’ comp benefits.
Check if you qualify for workers’ comp
Getting paid with a 1099 form (a tax document the Internal Revenue Service (IRS) uses to report nonemployee income) doesn’t automatically disqualify you. If your job functions like an employee role, you may qualify for benefits such as medical care, wage replacement and temporary or permanent disability payments.
Watch for signs you’re misclassified
Some employers misclassify workers to avoid paying for insurance or benefits. If you’re unsure about your classification, look for these signs:
- Schedule control: You follow a set of schedules that your employer assigns
- Work instructions: You follow detailed directions on how to do the job
- Tools and equipment: You use tools or gear that your employer provides
- Payment structure: You get paid by the hour or by shift, not by the project
- Client exclusivity: You work mainly or only for one company
If several of these apply to you, your employer may have misclassified you under California law.
Take action after your injury
If you suffer a work injury, report it promptly to your supervisor, get medical treatment and keep the medical records. Also, keep any texts, schedules or other proof showing how your employer directed your work. These details strengthen your claim and show why you qualify for benefits.
Protect yourself after a work injury
Your job title doesn’t determine your legal rights; your work conditions do. If you’ve been injured on the job, speak with a local workers’ compensation attorney. You may have more options than you think. Acting quickly protects your health and financial future.
