The answer to this question is that they can, in some cases. This depends on the type of contract you have or the state in which you are employed. For example, for employees in the state of California, the state has one of the most comprehensive laws regarding workers’ compensation.
According to the law, even a company that has only one employee must provide this insurance. Unfortunately, there are positions and/or types of contracts that will not give you workers’ compensation. For instance:
- Business owners
- Independent contractors
- Domestic workers who are related by family ties to their employer
- People who work to get help like food or a home, instead of a salary
- Some NGO volunteers
- Students participating in amateur sports
- Deputy Sheriff or Deputy Clerks
The biggest problem with this exception is that employees are often misclassified. The most common way to misclassify is to say that an employee is an independent contractor when they are not. This mistake is widespread and can happen because your employer made an honest mistake or wants to avoid paying you compensation.
Understanding if you have been misclassified can be very easy. To be classified as an independent contractor, you must meet ALL of the following requirements:
- Whoever hired you has no control of your job performance or your contract.
- The position you hold is outside the scope of a typical role within the company.
- The individual who took this position is usually engaged in tasks that are the same or similar to those of the entity that hired you.
If your position does not match the above three points, you should not be considered an independent contractor, and your boss will have to pay for your workers’ compensation insurance. If you need help, don’t hesitate to get in touch with us.