San Francisco Abogado de lesiones de trabajadores domésticos

San Francisco Domestic Worker Injury Attorney

In California, anyone who employs any number of employees, including a single employee, must have workers’ compensation insurance. Many individuals in the state are employed as nannies, maids, or in a domestic setting. Even if you are the only employee, the person you work for must still have workers’ compensation insurance. When you are injured on the job, you may wonder what your rights are, and a San Francisco domestic worker injury lawyer can help. If you need legal guidance on your claim, an abogado experto en indemnización por accidente laboral San Francisco can ensure you take the right steps to secure your benefits.

En Bufete Bridges, we understand the nuances often involved in domestic worker injury cases. These situations are often more complicated than other workers’ compensation cases, and it is vital that you have an attorney on your side to ensure you receive the benefits you deserve after suffering an injury. There are certain restrictions or exclusions that might make it more difficult for you to seek these benefits, and we can use our experience to assist you.

Domestic Employees and Workers’ Compensation Coverage

As a general rule, every employer who has at least one employee must carry workers’ compensation insurance. However, as a domestic worker, if you are hired by a family member, do not work many hours, or are classified as an independent contractor, your employer might not need to provide you with this insurance coverage. In most cases, only domestic workers who are considered full-time can receive workers’ compensation benefits.

First, it is important to be aware of who exactly is excluded from workers’ compensation benefits as a domestic worker. These parties include:

• A family member, such as a parent, grandparent, sibling, child, or spouse of the employer
• An individual who is under the age of 18 employed as a babysitter to another minor child
• Someone considered to be a “casual babysitter” or someone who babysits on an irregular schedule and is not a babysitter by vocation
• An individual who provides their services through a state center voucher program to a developmentally disabled person

There are domestic workers who do qualify for workers’ compensation. These can include the following:

• Housekeepers
• Jardineros
• Pool cleaners
• Nannies or regular babysitters
• Maintenance workers

In California, these workers can be covered under workers’ compensation if they are considered to be full-time. In California, domestic workers are considered to be full-time under the following qualifications:

• For individuals who work inside the home, such as nannies or housekeepers, the laws surrounding workers’ compensation apply if they work 20 hours or more per week.
• Workers who are employed outside the home, such as gardeners or pool cleaners, are considered to be full-time if they work 10 or more hours per week.

Bridges Law Firm: Here to Help

When you are injured as a domestic worker in San Francisco, Bridges Law Firm is here to help. Our attorneys are fluent in several dialects of Spanish and come from Mexico, Costa Rica, Venezuela, El Salvador, and the Caribbean. We are here to assist you during this difficult time and help you assert your rights as a domestic worker in California. We can do this by offering you the following legal services:

• Review your case to help determine the amount of compensation you deserve for your injuries
• Collect evidence such as videos or photo surveillance, medical records, and statements from eyewitnesses that can help support your claim
• Work with the medical professionals involved in your case to ensure you receive the care you need to recover from your injuries
• Negotiate with all the parties involved in your case to ensure you receive the benefits you deserve as a domestic worker in California

Above all else, Bridges Law Firm is here to be your legal voice and advocate to help ensure you receive the compensation you deserve to get back on your feet. In California, even undocumented workers are entitled to receive workers’ compensation benefits, and the attorneys at Bridges Law Firm are passionate about getting you the help and financial recovery you need.

Hazards for Domestic Workers

Domestic workers can face many hazards while on the job. Estos pueden incluir:

• Electric shock
• Needle stick injuries, particularly for homecare workers
• Slips, trips, and falls
• Mold exposure
• Exposure to toxic cleaning chemicals
• Back injuries and musculoskeletal disorders
• Workplace violence

Your safety in the workplace is important. If you are a domestic worker in San Francisco and have suffered injuries due to these hazards, the team at Bridges Law Firm is here to help.

FAQs About San Francisco,CA Domestic Worker Injury Law

What Are Personal Attendants in California?

In California, an individual who works inside a private home and provides certain services, such as dressing, supervising, or feeding a child, older adult, or an individual of any age with a disability, and spends at least 20% of their workweek taking care of general housekeeping chores, such cooking, cleaning, or making beds, is considered to be a personal attendant.

What Type of Damages Are Awarded in a Workers’ Comp Claim?

There are several damages that can be awarded to a domestic worker who has filed a workers’ compensation claim, depending on the severity of their injury and how it will affect their future ability to work. These damages can include medical care costs, lost wages, temporary or permanent disability, and even death benefits.

Are Domestic Workers Entitled to Minimum Wage?

Yes, in California, domestic workers are entitled to receive minimum wages unless they are a babysitter under the age of majority or a parent, spouse, or child of the employer. Similarly, these latter parties are also exempt from receiving workers’ compensation should they become injured while performing the duties of their employment.

What if My Employer Claims Not to Have Workers’ Compensation Insurance?

Some employers of domestic workers may not even realize they have workers’ compensation insurance. This coverage is often a part of their homeowner’s or rental insurance. If you are injured on the job and your employer believes they do not have the necessary coverage, you may ask them to look deeper into their rental or home insurance policy.

Speak With a Compassionate Domestic Worker Injury Lawyer Today

At Bridges Law Firm, we understand that experiencing a work accident is frightening and, oftentimes, confusing. Let us help you and offer the legal counsel and representation you deserve. Póngase en contacto con nuestras oficinas to schedule a free consultation and learn more about our services.