workman's comp due to injury at a non-profit organization ??? (Santa Clara: insurance, how much)

[blueskywalker]

I don't have a lot of time on the internet so i was only able to quickly google / research and i only saw a bunch of links to workman's comp lawyers. But i'm wondering if anyone knows anything about receiving workman's comp due to an injury at a non-profit organization in California (if that matters).
My friend, who was injured, says that he cannot receive compensation because the place he works at doesn't pay into workman's comp. I'm just trying to verify this because i'm not sure he's right about that.

[Elliott_CA]

You didn't say if your friend was a volunteer or a paid employee of the non-profit. If he's a paid employee then the non-profit is required to carry WC, in which case your friend might want to consult with an attorney for remedies. Non-profits are not required to carry WC for volunteers.

[blueskywalker]

Originally Posted by Elliott_CA

You didn't say if your friend was a volunteer or a paid employee of the non-profit. If he's a paid employee then the non-profit is required to carry WC, in which case your friend might want to consult with an attorney for remedies. Non-profits are not required to carry WC for volunteers.

Thank you!
Yes, he is a paid employee at the non-profit. He's worked there for 12 years.
Do you have a page on the internet that i can show him so that he'll believe me? He's insisting that it's not an option for him. There are volunteers where he works but he's not one of them. Maybe he's gotten his information from one of the volunteers.

[nightlysparrow]

When you search further, note: it's been called "Workers' Compensation" for more than 20 years...women work, too. This will produce better search results.

[blueskywalker]

Originally Posted by nightlysparrow

When you search further, note: it's been called "Workers' Compensation" for more than 20 years...women work, too. This will produce better search results.

O.K. Thanks for that tip. I am a woman and i know that women work. It wasn't a sexist "faux pas" ... just me still having the old term in my head as i've never dealt with the issue of workers compensation.

[TCROX]

Hi,
Here in CA it is call the State Compensation Insurance Fund
https://www.statefundca.com/

[blueskywalker]

Originally Posted by TCROX

Hi,
Here in CA it is call the State Compensation Insurance Fund
https://www.statefundca.com/

Hey, thank you.

[BennyPhoenix]

Non-profit is an accounting term. In general it is pure BS.
Regardless, Your friend is eligible for workers comp.

[blueskywalker]

Originally Posted by BennyPhoenix

Non-profit is an accounting term. In general it is pure BS.
Regardless, Your friend is eligible for workers comp.

Thank you too!
Thanks everyone for the help. He's been freaking out because he's not young, has no savings and he's quite injured (even though he's still working which i advised him not to do because i'm concerned that he's going to do permanent damage) and has been despairing. I sent him this thread.

[NoMoreSnowForMe]

I had a workers comp claim. I would NOT call the State Insurance Fund. Those are the guys who try to keep you from getting your benefits. They represent the other side. It would be like going to the insurance company of the guy who hit you in an accident and asking them what you should do. They are your employer's insurance company.

Your friend needs to call the CA Dept of Labor, although they're called something different now. The first step is to ask the employer for a workers comp claim form. Your friend did this and they did not comply. They're supposed to do it within one day. Now he needs help from the state. Here's the list of offices for the Labor Commissioner:

http://www.dir.ca.gov/dlse/districtoffices.htm

Your friend should contact a workers comp lawyer immediately. They only get paid a percentage of what they get for a worker. The state regulates how much they can get paid. Nothing up front. A workers comp case is one situation where you really need the advice of a lawyer. The other side and the employer will try to trick him/her. They need to be able to refer to the lawyer from the git go.

I suggest finding one that has been certified by the CA Bar Assoc.

Here's a website where you can search for one by zip code. I put in my old zip code. Just change the zip code to your friend's.

Santa Clara, California Board Certified Specialists in Workers' Compensation Law on Lawyer Legion

If your friend is missing work, he/she should apply for state disability. That can be collected until the workers comp money starts flowing.

State Disability Insurance (SDI) Online

They have to offer modified work, BTW. And if he/she can only work part time, they can collect partial state disability, too.

If it looks like your friend may not be able to work full-time for a long time due to the injury, he/she should file for Social Security Disability now, too. Even though they would deduct money paid by WC or SD, it's important to get an early date established.

Been there. Call a lawyer now. At least call the labor department. The time frame to file a claim is really short, like 30 days, or you lose any claim. Need to get on it.