When you go to work in California, you do so with the expectation that you will get compensation for any injury you sustain. All workers have the right to fair compensation for medical expenses and lost wages if they are hurt during the course of their duties.
Well, maybe that is not entirely true.
The Los Angeles workers’ compensation lawyers at Koszdin, Fields & Sherry want to talk about workers in the gig economy. Freelancers and independent contractors get the bad end of the deal, but lawmakers are trying to fix that.
How it works right now
Did you know that there were around 2.8 million workplace injuries or illnesses reported during the latest year, according to the Bureau of Labor Statistics (BLS)? However, the total number of injured workers in the country is much higher than that. We know this because the BLS numbers do not take into account a large and growing part of our workforce – the gig economy.
You have heard of the gig economy, but you may not know what that means. Gig workers are not technically employees of companies, even though they often do the same things employees do. Some examples of gig workers are:
- Independent contractors in construction
- Freelance writers or designers
- Uber, Lyft, and other rideshare drivers
Companies love using gig workers because it means they can avoid paying certain things – payroll taxes, benefits, retirement plans, and workers’ compensation insurance.
When gig workers are injured, the expenses fall on them. They have no coverage from workers’ compensation.
Changes could be on the way
A new bill is moving through the California legislature that could change this way of doing business. The bill, known as AB 5, would “create a test for classifying independent contractors, making it more difficult for gig economy giants and other low wage industries…to exploit the contractor loophole.”
California is the state leading the charge to protect gig workers, and this bill comes on the heels of the 2018 California Supreme Court decision referred to at Dynamax. That decision forces businesses to use the “ABC test” when determining worker classifications. We will have to wait and see how far this legislation goes.
We are ready to help you with your case
If you or a loved one has been injured at work, you may need to seek legal assistance. At Koszdin, Fields & Sherry, we are ready to help. Whether you are an employee or a contractor, we want to hear your case to see if there is a way to help. Depending on your situation, you may be entitled to the following:
- Coverage of current and future medical expenses
- Recovery of lost wages if you cannot
- Coverage of physical therapy
- Pain and suffering damages
- Loss of enjoyment of life damages
- Possible punitive damages against the negligent party
If you need a Los Angeles workers’ compensation attorney, you can reach out to us for a free consultation by calling at 800-747-3447.
