How do I know if I qualify for workers' compensation?
In order to determine if you qualify for workers’ compensation in California, you must first establish that your injury is related to your job. If a workplace accident happened while you were carrying out your job duties, then it likely qualifies for workers’ compensation. In addition, you must be classified as an employee of the company rather than an independent contractor. This means that you must receive a salary or wage and have taxes taken out of your pay, and you must report to a supervisor on a regular basis. Under California Industrial Accident Law, your employer must register with the Worker’s Compensation Insurance Fund and provide proof that they have taken out proper insurance in the event of a workplace accident. If your employer has not taken out the proper insurance, they may be subject to hefty fines and penalties. It is important to contact the Worker’s Compensation Insurance Fund to make sure that your employer is registered. You may also be able to recover damages if you are found to be partially or entirely responsible for the accident that caused your injury. Depending on the circumstances surrounding the accident, you may be able to sue for negligence or intentional harm. Finally, if you have suffered from a repetitive motion injury or illness as a result of your job duties, then you may be eligible for workers’ compensation benefits. Depending on the nature of your injury, you may receive a lump sum payment or ongoing compensation for medical expenses and lost wages.
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