The Workers Compensation Battle Inside Proposed Legislation

Law Offices Of Kropach & Kropach

Workers just want to be protected when they are on the job. This includes being provided with the necessary tool and training for the job. It also includes knowing they will be cared for if they are injured in a workplace incident. However, a large group of California workers is not covered – independent contractors.

At the Law Offices of Kropach & Kropach, our Los Angeles workers compensation lawyers want to talk about proposed legislation in California and how it could affect this group of workers moving forward.

What is going on here?

California has never been a stranger to protecting workers rights. However, the state legislature has had to deal with an ever-evolving workforce, one that has changed significantly over the last few decades. Technology has changed the way many people work. It has also allowed companies to skirt around classifying workers as official employees.

Why does that matter?

When someone is an employee, the company they work for is responsible for paying benefits, payroll taxes, and other things, like workers compensation insurance. However, when a worker can be classified as an independent contractor, none of these things has to be paid.

That can leave independent contractors wondering what to do if they get hurt on the job. More often than not, they are stuck paying all of their bills out-of-pocket and do not get reimbursed for lost income while they recover.

This could all change

Assembly Bill 5 (AB5) was recently introduced in the state legislature and would put into law what last year’s Dynamax California Supreme Court ruling said – that employers in the state must apply a strict “ABC” test when determining how employees are classified. This says that employees can only be classified as contractors if:

  1. They are free from the control and direction of the company.
  2. They are performing work that falls outside the hiring company’s usual course or type of business.
  3. They have their own independent business or trade beyond the job for which they were hired.

All of this could mean that more workers in this state are protected. This could include rideshare drivers, construction contractors, freelance writers and journalists, and more. We will keep you updated as AB 5 moves through Sacramento.

Let us help you get through this 

When you are injured at work, you should be able to count on your expenses being covered. However, we know a large chunk of California workers is left with little recourse through workers compensation insurance. At the Law Offices of Kropach & Kropach, we want to help if you are injured. Our goal is to investigate what happened so we can secure the compensation you deserve. This can include:

  • Coverage of your medical bills
  • Compensation for lost income if you cannot work
  • Mental anguish damages
  • Loss of enjoyment of life damages
  • Possible punitive damages against any negligent party

If you need a Los Angeles workers compensation attorney, you can contact us for a free consultation by calling at 818-609-7005.

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