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Should Workers’ Compensation Be Offered to Gig Economy Workers?

Topics: Personal Injury, Workers' Compensation

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With the economic landscape changing to include more and more gig workers, concerns over on-the-job injuries have begun to arise. Gig economy workers do not typically get workers’ compensation from the companies they work for. This can put a big financial burden on these workers since they, instead of the employer, are responsible for covering the entire cost of their medical care. It’s also important to note that some of these jobs, including those that involve driving, are considered among the most hazardous ones in the U.S., according to Quartz. This begs the question: should companies start offering this coverage to gig economy workers? Employee vs. Independent Contractor People who work in “on demand” jobs, or gig economy jobs, are not considered company employees. Instead, they are considered independent contractors. As contractors, they are not likely to receive benefits and coverage that companies generally offer their full-time and part-time employees. Such benefits would include workers’ comp and health insurance. Offering contractors compensation for injuries on the job would require companies to pay premiums in addition to the expense of covering regular employees. Rather than take on this cost, many companies do not make workers’ comp available to contractors. When contractors are injured on the job, they are forced to pay for hospital expenses and other medical care on their own. When contractors are unable to pay, these costs are passed on to the general public. Reasons to Offer Workers’ Comp One of the main arguments in favor of offering workers’ comp to gig economy workers is that employees who perform similar types of work, like those who work for construction companies, do receive this coverage. Other workers who are not technically considered employees, such as cab drivers, are able to receive workers’ comp thanks to state agency regulations. Possible solutions to this problem include taking a different approach to making workers’ comp available to gig economy workers that is similar to how the Affordable Care Act has made health coverage available to contractors. Another possible solution would be to make contractors responsible for covering some of the expenses and have the contracting companies cover the rest, including workers’ compensation. Since gig economy workers are allowed to unionize, organizing and bargaining for coverage could present another potential solution. If you have been injured at work, please contact the Law Offices of Scott Warmuth at 1-888-517-9888 to speak to an attorney who handles workers’ compensation cases.   Sources http://qz.com/715131/gig-economy-workers-injured-on-the-job-should-get-workers-comp-protections/  
WarmuthLaw
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A Quick Guidebook for Injured Workers

Topics: Personal Injury, Workers' Compensation

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Unfortunately, many employees fail to realize their basic legal rights as they pertain to the California workers' compensation system. The primary purpose of work injury laws in California is to protect workers and allow them to request benefits that they may be entitled to following a workplace injury. This guide serves as an overview of workers' compensation laws. While no two workers' comp instances are exactly alike—by having a general understanding of how workers' compensation works in California, you can better protect yourself in the workplace. Furthermore, if you are part of a union or labor agreement, be aware that you may be entitled to additional rights beyond what is laid out in workers' compensation laws. Workers Who Have Been Injured If you have been injured on the job in California, you are encouraged to learn more about the immediate steps you need to take after getting hurt (if you haven't already done so). These may include:
  • seeking medical attention
  • obtaining an incident report
  • filing a workers' compensation claim
Gathering a Paper-trail You will also need to learn what steps will be necessary to successfully file your workers' compensation claim, including stipulations on how long you have to do so.  The time limits are very strict, and you may lose your rights if you do not make a claim timely. Other aspects of workers' compensation you may want to learn more about include:
  • medical care and medical reports
  • temporary disability benefits
  • permanent disability benefits
  • returning to work after an injury
  • supplemental job displacement benefits
  • return-to-work supplement programs
Above all else, one of the best things you can do for your case is to consult with an attorney—one who specializes in work injury care and rights. An experienced attorney will be able to assist you through the often-complicated claims and appeals process, and represent your best interests in court. Being injured on the job can be a terrible experience, but you can get through it easier if you understand your rights as well as the proper legal procedures necessary for handling workers' compensation claims here in California. If you have been injured on the job, please contact the Law Offices of Scott Warmuth to speak with an experienced workers’ compensation attorney, or to request a free consultation. Source:http://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.pdf