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Highlighting those employees excluded from workers’ compensation

On Behalf of | Jun 10, 2021 | Uncategorized

Approaching one’s employer in California with a request to file a workers’ compensation claim may seem daunting. One might worry that their employer views their request as an inconvenience, and that by pursuing it, such action might result in repercussions.

Yet the late prohibits this. Thus, such concerns are not necessary. That does not necessarily mean, however, that one may not encounter difficulties when seeking compensation for a workplace injury. One such issue is an employer saying that they are not required to carry workers’ compensation coverage. 

Reviewing workers’ compensation exclusions

The assumption that all employers in the state must carry workers’ compensation seemed supported by the California Department of Industrial Relations (whose website says that even employers with just one employee must have it. There are, however, certain exclusions to this requirement.

These exclusions arise due to the definition of who qualifies as an employee in the state. Indeed, per Section 3352 of the California Labor Code, the following types of workers fall into the category of those who do not meet the definition of a traditional employee:

  • Anyone working for the parents or spouse
  • Anyone working for a religious, charitable or relief organization recieving aid and sustenance in exchange for their labor
  • Anyone proving voluntary service at a camp or excursion sponsored by a non-profit organization
  • Anyone participating in sporting activities that does not receive compensation for their efforts
  • Anyone contracted to work for less than 52 totals hours on a specific project
  • Anyone contracted to receive less than $100 for their work

Understanding legal recourse outside of workers’ compensation

Simply because one’s employment may fall into any of the aforementioned categories does not mean that they cannot receive compensation for a workplace injury. They can seek a liability claim if their employer’s actions (or inaction) contributed to their injury.