Are Orange County Part-Time Workers Eligible for Workers’ Compensation?

Part-time workers in Orange County are eligible for workers’ compensation just like full-time employees. If you are injured while performing your job duties, your employer’s insurance should cover your medical treatment and part of your lost wages, regardless of how many hours you work each week. Contact our Orange County workers’ compensation lawyer at Aegis Law Firm today. Schedule a free consultation today

Workers’ Compensation Coverage in California

California’s workers’ compensation system is designed to protect employees who suffer job-related injuries or illnesses. Under California Labor Code §3700, every employer in the state is required to carry workers’ compensation insurance, even if they have only one employee.

The law does not distinguish between full-time and part-time status when determining eligibility. This means that as long as you are classified as an employee—not an independent contractor—you are covered under your employer’s workers’ compensation policy. Coverage begins from the moment you start working, even on your first day. There is no waiting period or minimum number of hours required to qualify.

Who Qualifies as an Employee?

Your eligibility for benefits depends more on your classification than on how many hours you work. You are likely considered an employee if your employer:

• Controls how and when you perform your work.

• Provides the tools or equipment needed for your job.

• Requires you to follow company policies or schedules.
  

Independent contractors, on the other hand, typically control their own work methods, set their own schedules, and are paid per project rather than hourly or salaried. However, California law makes it harder for employers to misclassify workers as independent contractors.

Workers’ Compensation Benefits Available to Part-Time Workers

Part-time employees are entitled to the same types of workers’ compensation benefits as full-time employees. These include:

• Medical Treatment: Coverage for all reasonable and necessary medical care related to the injury, including doctor visits, surgery, prescriptions, and rehabilitation.

• Temporary Disability Benefits: Partial wage replacement if your injury prevents you from working for more than three days or requires hospitalization.

• Permanent Disability Benefits: Compensation for lasting impairments that affect your ability to work.

• Supplemental Job Displacement Benefits: Vouchers for retraining or skill development if you cannot return to your previous position.

• Death Benefits: Payments to dependents if a workplace injury or illness results in death.
  

The only difference for part-time workers is that wage-based benefits, such as temporary or permanent disability, are calculated according to your average weekly earnings, meaning your payments may be lower than those of a full-time employee.

How to File a Workers’ Compensation Claim in Orange County

If you are injured at work, take the following steps:

1. Report the Injury Immediately: Notify your employer within 30 days of the incident. Failing to do so may result in losing your right to benefits.

2. Request a DWC-1 Form: Your employer must provide you with this form within one business day of learning about your injury.

3. Seek Medical Attention: Go to an approved medical provider and tell them your injury is work-related.

4. Keep Records: Save all medical documents, pay stubs, and correspondence related to your injury and claim.

5. Follow Up: Your employer’s insurance carrier must authorize medical treatment and begin benefit payments if your claim is accepted.
   

If your employer disputes your claim or delays payment, you can contact the California Division of Workers’ Compensation or a workers’ comp attorney for assistance.