California Workers Compensation Lawyers
On-the-Job Injuries & Accidents Attorneys
Many people believe that if a person is injured at work, he is entitled to nothing more than workers' compensation benefits. While that is sometimes the case, it is often not true. If a party other than the person's employer is even partially at fault, then the victim may be entitled to compensation from that party for part of his damages.
On-the-job injuries are often some of the most serious injuries, and AlderLaw has had tremendous success in achieving results for damages from on-the-job injuries: for example, AlderLaw received a large settlement for a client who suffered injuries after a workplace altercation with an employee from another company on a job site. AlderLaw is currently litigating an electrocution case involving an accident where the victim suffered wrongful death because a third party company did not properly ground a portable toilet.
Accidents at work happen frequently, and if you feel that your accident during work hours might be someone else's fault, we can help you determine if you have a case.
Call our Beverly Hills, CA office at (310) 275-9131 or our office in Santa Barbara at (805) 962-0099 and schedule a free initial consultation today.
California Work For Hire Agreements and Workers Comp Insurance Laws
In California, state law prohibits the transfer of copyrights from the author/creator to a client under "Work for Hire" agreements unless the creator is also treated as an employee.
If an agreement is made where the creator will give copyrights to their creation to the person or company hiring them to do the work, they are seen by California law as any other employee. This means, to get copyrights or ownership to work created under work-for-hire agreements, the worker must be provided workers compensation insurance and unemployment insurance through the company hiring them. The business doing the hiring may also be required to withhold federal and state taxes from any payments made to the worker.
California law (Labor Code 3351.5 (c)) also requires that this insurance be purchased and in place before a Work for Hire agreement is signed, and before any work is done, and before any payment is made.
If an employer does not comply with this law and enters into an agreement without proper insurance, the employer is committing a crime under California law.
Specifically, according to the California Department of Insurance:
"Employers who fail to purchase Workers Compensation insurance are in violation of the California Labor Code. The Director of the Department of Industrial Relations has the authority to issue a stop order against any company who is discovered to be unlawfully uninsured for Workers Compensation. A stop order closes down business operations until Workers Compensation insurance is secured ... Failure to comply with a stop order can result in a $10,000 fine, while the fine for failure to carry Workers Compensation insurance is $1,000 per employee.
Employers can be prosecuted for insurance fraud for willful failure to secure Workers Compensation insurance as prescribed by law. Also, if Workers Compensation is not purchased, an employer opens himself/herself up to liability lawsuits from injured employees [this includes certain persons under Work for Hire agreements]. Exclusive remedy protection does not apply if Workers Compensation insurance is not in force at the time of employee injury."
Workers Compensation and Hire Agreements Outside of California
The California Department of Insurance states: "Out-of-state employers may need workers' compensation coverage if an employee is regularly employed in California or a contract of employment is entered into here.
If you were hired under a work-for-hire agreement you may have been entitled to workers compensation insurance. If you were injured and not provided with insurance required by California law, you may need an attorney. Call our Beverly Hills, CA office at (310) 275-9131 or our office in Santa Barbara at (805) 962-0099 and schedule a free initial consultation today.