The short versionIn California, every employer with even one worker has to carry workers' comp insurance. If they don't, the state has a special fund that covers injured workers.
It's the law
In California, any employer with even one employee has to carry workers' compensation insurance. It doesn't matter if they pay you in cash or if you're the only worker.
"You're not an employee"
A lot of bosses say you're a "contractor" or "independent" so they don't have to pay. But what counts is how you really work: if the boss tells you how, when and where to do the job, you're most likely an employee.
If they really don't have insurance
The State of California has a fund for injured workers whose employers didn't have insurance. You can also go after the employer directly. It's more paperwork, but it can be done.
What to do
- Report your injury in writing, same as always.
- Keep proof that you worked there: pay stubs, texts, photos, names of coworkers.
- Call us. We'll find out if they have insurance and figure out the best way in.
This guide is general information and is not legal advice. Every case is different. To find out what applies to you, call us for a free consultation.