Workers Comp for Farm Workers, Undocumented Workers & Temporary Workers
Under California law, domestic workers, farm workers, agricultural workers, temps, migrant workers and undocumented workers are ALL entitled to Workers Compensation benefits, if they were injured on the job.
In some other states, certain types or “classes” of employees are excluded from Workers Compensation coverage. Our experienced Workers Comp lawyers appreciate the fact that California is one of the more progressive states when it comes to Workers Compensation coverage!
Unfortunately, some deceitful or misinformed employers may still try to deny Workers Compensation benefits, claiming that an employee falls into an “excluded class” and is therefore not entitled to benefits.
Our Workers Compensation lawyers want to make sure you know your rights, so that you can receive the Workers Compensation benefits to which you are entitled.
Can Domestic Workers Get Workers Compensation in California?
A domestic worker is a person who works in a home – such as a housekeeper or a babysitter. Some states do not require employers to cover these types of workers. But California law does require employers of domestic workers to be responsible for workers compensation coverage.
In California, any domestic worker (which includes people who care for children) is covered if they were employed 52 or more hours, and/or they earned $100 or more, during 90 calendar days immediately before the date of injury or last employment exposing such worker to the hazards of an occupational disease.This type of workers compensation is often covered under the employer’s homeowners insurance and can also be obtained a policy through the CA State Fund. Premiums are based on the annual salary the employee makes.
Can Farm Workers Get Workers Compensation in California?
Many states exempt agricultural and farm workers from workers’ compensation coverage. However, under California law, agricultural workers are entitled to workers’ compensation insurance coverage.
The name of the employer’s workers comp insurer or claims administrator is required to be posted at the worksite, along with information about procedures for getting access to benefits.
Unfortunately, not all farm labor contractors or other employers purchase this required workers comp insurance. In such cases, qualified injured workers can seek benefits from the Uninsured Employers Trust Fund.
Can Temporary Workers Get Workers Comp in California?
In California, temporary employees loaned to an employer through an agency are covered by BOTH the employer AND the leasing company. In other states the law may be that EITHER the company did the work for OR the agency has to provide workers’ compensation coverage – but not both.
Can Undocumented Workers Get Workers Compensation in California?
Some states (Idaho and Wyoming), expressly exclude undocumented workers from Workers Compensation. Most other states (such as Colorado) have not yet passed a law addressing workers comp for undocumented workers one way or the other.
But California is among the 8 progressive state – including Arizona, California, Florida, Montana, Nevada, New York, Texas, and Utah – that expressly cover undocumented workers in their workers’ compensation statutes.
pIf you are a California employee in one of these “special categories” – domestic worker, farm worker, temporary worker or undocumented worker – and your employer is denying your workers compensation claim call our workers comp lawyers today.