The state of California has the most housekeepers and cleaners than anywhere else in the country. According to the United States Bureau of Labor Statistics, California employs nearly 100,000 domestic housekeeping workers. If a housekeeper is injured on the job, there are compensation regulations and deadlines that must be followed to qualify for workers’ compensation.
For workers’ compensation legal issues and concerns, contact Maison Law today for a free consultation and case evaluation.
Factors that Impact Your Housekeeper Workers’ Compensation Claim in California
If you are employed as a housekeeper and you suffer an on-the-job injury, you will most likely have medical bills and ongoing expenses. Your employer’s liability will depend on your employment classification as a housekeeper. In California, if you work a minimum of 52 hours in 90 days and earn at least $100, then you qualify for workers’ compensation. One major factor is the difference between being an employee or a contractor.
If you are an employee, then you will be provided workers’ compensation through your company. By California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. So, even if you are the sole employee of a homeowner, you are entitled to workers’ compensation.
If you work in someone’s home as a contractor, then you will file a workers’ compensation claim with the property owner’s insurance if you are hurt on the job. A property owner’s insurance will most likely provide coverage for your injuries. If you have a work-related injury or illness and your employer is uninsured, then your employer is responsible for paying all bills related to your injury or illness. Failing to have workers’ compensation coverage is a misdemeanor, punishable by either a fine of up to $10,000 or imprisonment for up to a year.
Do I Need a Lawyer for a Housekeeper’s Workers’ Compensation Claim in California?
If you are receiving workers’ compensation for a housekeeping injury sustained on the job, it is recommended to speak with a workers’ compensation attorney. An attorney will advocate on your behalf and ensure you are receiving everything you are entitled to under California law. Under California Labor Code Section 3700, employers are required to provide employees with workers’ compensation.
However, not all workers’ compensation companies provide proper care to injured employees. If an employer’s workers’ compensation has under-compensated you, provided you with inadequate care, or terminated your treatment or compensation too soon, an attorney can file a lawsuit against them to protect you from additional financial burdens and delayed medical treatment. An attorney can also file a lawsuit against the party responsible for your injuries to get you compensation for your medical care, lost wages, and disability, as well as pain and suffering.
Employer Safety Responsibility Under OSHA Law
According to U.S. Bureau of Labor, there were over 300,000 service industry-related injuries in 2022 alone. Oftentimes, these injuries were due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection without the fear of employer discrimination. You can file a complaint with OSHA and request an inspection here.
Your employer is responsible for providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the work of your employer. Under OSHA law, your employer is responsible for the following:
- Providing a safe working environment, means they are tasked with adhering to all the regulations that govern the company’s work.
- Provide daily inspections of the workplaces that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
Common Housekeeper Injuries
Housekeeping typically involves frequent vacuuming, dusting, changing linens, turning mattresses, and making beds. Some tasks may include lifting objects over 100 pounds or walking through areas prone to slip-and-fall hazards. Common injuries suffered by housekeepers in California include:
- Musculoskeletal injuries: housekeeping involves moving your body in ways that can strain or tear muscles, leading to musculoskeletal issues
- Slips, trips, and falls: bathtubs, bathroom floors, and laundry rooms can sometimes have wet floors, creating the ideal conditions for a slip-and-fall accident.
- Respiratory illnesses: repeated exposure to cleaning agents can create a serious respiratory problem over time.
- Infectious diseases: contact with waste disposal or body wastes can subject housekeepers to infectious diseases.
- Stress: job security, excessive workloads, and working in hazardous environments can cause occupational stress, leading to health complications.
Contact a Housekeepers Worker’s Compensation Lawyer in California
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation, the attorneys at Maison Law will pursue the full extent of damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law to get you the compensation and medical attention you are entitled to.
Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
