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Law Offices of William J. Kropach

Can I bring a workers' comp claim against my employer?

Under California law, the workers' compensation code is essentially the exclusive way for injured workers to seek damages against an employer for injuries suffered in the course of one's employment. Indeed, there are limited exceptions that allow injured workers to brink negligence claims against employers, but there are a number of instances where employers attempt shirk their responsibilities and avoid paying claims.

One of the classic (yet unfortunate) ways this happens is when an employer claims that their workers are independent contractors as opposed to employees. Basically, if a worker is an independent contractor, he or she must carry their own liability insurance to compensate for injuries that may occur while carrying out their duties. Conversely, if a worker is classified as an employee, the employer is responsible for evaluating and paying out a workers' comp claim. 

The question of whether a worker is an employee or independent contractor is not always easy to determine. There are a number of factors involved, including  whether the workers bring their own materials to complete the job, how much control the employer has over the workers, whether the workers have a vested financial interest in the job and whether the employer determines how long the workers actually work each day, to name a few.

Part of a workers' compensation attorney's job is evaluating the nature of the employment to determine whether a worker should be covered as an employee. If you have been injured and need to know your rights and options under California law, a skilled lawyer can assist you. 

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What Our Clients Say
  1. My injury and subsequent WC case was one of the most difficult times in my life, and I wouldn't wish this upon my worst enemy. Throughout the entire ordeal though, Mr. Kropach and Ms. Shibata stood by my side, providing me amazing support.

    - Wpark
  2. I was in a very serious accident in early 2000 and found that Attorney Kropach and his Staff especially his paralegal Jill paid close attention to my case and no matter how many questions I asked they always had time to explain in layman's language what I needed to know.

    - Janice Ann
  3. I have been lucky to have William Kropach handle two different workers' compensation cases in the last several years that exceeded all of my expectations.

    - Arabella
  4. I hired Mr. Kropach years ago due to the fact that he was head of the San Fernando Valley Bar Association. After the insurance company denied my claim I thought my case was over but my attorney fought the insurance company all the way to the appellate court and WON.

    - Workers’ Compensation Client
  5. I hired Mr. Kropach years ago due to the fact that he was head of the San Fernando Valley Bar Association. After the insurance company denied my claim I thought my case was over but my attorney fought the insurance company all the way to the appellate court and WON.

    - Workers’ Compensation Client
  6. I have a 18 year old work-comp case. Mr. Kropach never gave up or settled for anything less. He kept fighting for my rights to win. He realized I was in the right and He never once asked me to just give up.I won my case 100 %

    - Edward
  7. I have known Bill for over 25 years. He is personable and very knowledgeable in the area of Workers Comp. My experience during this very stressful time has been excellent. His staff is courteous and efficient and always kept me up to date with my case.

    - Donna
  8. I hired Mr. Kropach for my workers compensation claim about 3 years ago. I was suffering severe pain on my elbow as a result of my job. Mr. Kropach was superb in helping me settle this case.

    - Dax
  9. Bill treated me with care, individuality, and really examined my case carefully. I was immediately impressed with his track record and his dedication to voluntary unpaid community services.

    - Brad
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