Overholt & Cremeans, APC Overholt & Cremeans, APC 2026-07-14T09:58:19Z https://www.overholtcremeans.com/feed/atom/ WordPress /wp-content/uploads/sites/1405050/2026/03/cropped-favicon-overholt-x-1-32x32.jpg On Behalf of Overholt & Cremeans, APC <![CDATA[Hurt on the job in California: the legal reality of independent contractor misclassification]]> https://www.overholtcremeans.com/?p=256279 2026-07-14T09:58:19Z 2026-07-14T09:58:19Z California's ABC test and the presumption of employment California law presumes that every worker is an employee rather than an independent contractor. To classify a worker as a contractor and avoid providing employee benefits, the hiring entity must satisfy all three prongs of the ABC Test:
  • Prong A: The worker is free from the hiring entity's control and direction in performing the work, both under the contract and in practice.
  • Prong B: The worker performs tasks outside the usual course of the hiring entity's primary business. A plumber fixing a pipe at a retail store may satisfy this prong; a delivery driver performing the core service of a delivery company likely does not.
  • Prong C: The worker is customarily engaged in an independently established trade or business of the same nature as the work performed.
If the hiring entity cannot satisfy all three prongs, the worker is legally an employee under the California Labor Code, regardless of any signed contractor agreement or Form 1099.

Consequences of misclassification and your rights

Misclassification allows companies to avoid payroll taxes, overtime requirements, rest break obligations, and workers' compensation insurance. Willful misclassification carries civil penalties ranging from $5,000 to $25,000 per violation. If you were injured on the job and believe you were misclassified, you can challenge that designation before the Workers' Compensation Appeals Board (WCAB). Once employee status is established, you gain access to medical care coverage, temporary disability payments, and permanent disability awards retroactively. A California workers' compensation attorney can evaluate your working relationship against the ABC Test, determine whether misclassification occurred, and guide you through the WCAB process to pursue the benefits you may be entitled to under state law.  ]]> On Behalf of Overholt & Cremeans, APC <![CDATA[What happens if my employer does not have workers’ comp insurance in California?]]> https://www.overholtcremeans.com/?p=256277 2026-07-14T03:05:01Z 2026-07-14T03:05:01Z Is it illegal to operate without workers' comp in California? Yes. Under California Labor Code § 3700, every employer in the state, including those with only one employee, must maintain valid workers' compensation insurance or hold an approved self-insurance certificate. Failing to carry coverage is a criminal offense. The California Division of Labor Standards Enforcement (DLSE) can issue immediate stop-work orders, impose administrative fines, and pursue misdemeanor criminal charges against noncompliant employers.

Two legal paths for injured workers

If your employer is illegally uninsured, California law provides two distinct options for recovering medical costs and lost wages.

The Uninsured Employers Benefits Trust Fund (UEBTF)

California operates a state-administered fund specifically for this situation. When an uninsured employer fails to pay benefits, the UEBTF steps in as the substitute payer. Through the Workers' Compensation Appeals Board (WCAB) process, the fund covers medical treatment costs, temporary disability benefits, and permanent disability awards. The state then pursues the uninsured employer directly for reimbursement.

Civil personal injury lawsuit

Workers' compensation normally serves as the exclusive remedy for workplace injuries, meaning employees cannot sue their employer in civil court. Under state law, that protection disappears when an employer is illegally uninsured. An injured worker gains the right to file a personal injury lawsuit in civil court. California law applies a presumption that the employer's negligence caused the injury, and the employer cannot argue comparative fault on the part of the worker. A successful civil suit can recover damages not available through workers' comp, including full lost wages, emotional distress, and pain and suffering. Navigating an uninsured workers' comp claim involves specific filing deadlines and complex procedures before the WCAB. If your employer lacks coverage or is pressuring you to resolve the injury outside the legal system, speaking with a California workers' compensation attorney as early as possible gives you the best opportunity to protect your rights and pursue the full recovery available under state law.  ]]> On Behalf of Overholt & Cremeans, APC <![CDATA[Who chooses the doctor in California workers’ comp cases?]]> https://www.overholtcremeans.com/?p=256274 2026-05-13T13:43:41Z 2026-05-13T13:43:41Z in your workers' comp case, it is crucial to understand who can choose your doctor. Knowing your rights early on helps you avoid confusion and ensures you can be an active participant in your own care.

Your employer usually designates a doctor

By default, your employer and their insurance company usually control your medical care at the start of a claim. This initial control allows them to direct you to a doctor within their network to evaluate your injury. While this is the standard procedure for many workplace accidents, California law provides specific paths for workers to gain more influence over their own medical treatment.

When can you choose your own doctor?

While the insurance company often makes the first choice, there are legal exceptions that allow you to pick a doctor you already know and trust. Here’s what you need to know:
  • Predesignated personal physician: You can see your own doctor from day one if you "predesignated" them in writing before your injury occurred. To qualify, you must have group health insurance, and your doctor must have treated you in the past. Most importantly, they must have agreed to handle work-related injuries before the accident happened.
  • Lack of a Medical Provider Network (MPN): If your employer’s insurance does not use a certified MPN, you have more flexibility. You must see the employer's chosen doctor for the first 30 days, but after that, you may switch to a different provider who is willing to take workers’ comp patients.
Knowing how to use these exceptions ensures that you are not stuck with the insurance company’s choice of doctor for the entire duration of your claim. Exploring these options allows you to take an active role in deciding who manages your medical treatment.

Know your options after a workplace injury

Understanding the rules for medical care helps you stay in control of your health. Being proactive about your choice of physician ensures that your treatment aligns with your recovery goals.]]> On Behalf of Overholt & Cremeans, APC <![CDATA[Don’t let these defenses derail your workers’ compensation claim]]> https://www.overholtcremeans.com/?p=49016 2025-02-28T17:04:16Z 2025-02-28T17:04:16Z Be ready to counter these workers’ compensation defenses There are several defenses that could be utilized in your case. This includes:
  • Arguing that your injuries were caused by “horseplay” meaning that you were messing around, roughhousing or otherwise engaged in activities that were outside the scope of your job when your injuries were suffered.
  • Claiming that you intentionally violated safety rules.
  • Presenting evidence that you were intoxicated at the time of the workplace accident in question.
  • Arguing that your medical condition is attributable to pre-existing conditions rather than the workplace accident.
  • Indicating that your accident injuries were suffered outside of work.
  • Claiming that you notified your employer or submitted your claim too late.
  • Questioning whether your injuries were self-inflicted.
Any one of these defenses, if successful, could bar you from recovering the workers’ compensation benefits you deserve. So, be prepared to aggressively counter them with your own compelling evidence. Although it can be stressful to think about confronting these workers’ compensation defenses, take comfort knowing that you can build an aggressive case that protects your interests.]]> On Behalf of Overholt & Cremeans, APC <![CDATA[Don’t miss these important workers’ compensation deadlines]]> https://www.overholtcremeans.com/?p=49014 2025-02-14T20:32:12Z 2025-02-14T20:32:12Z Notifying your employer California workers’ compensation law requires you to notify your employer about your injury or illness within 30 days. You must provide your employer with formal notice even if they already know about the injury or illness. Even if your boss was physically present when the injury occurred, you must still give formal notice within 30 days. This time limit can be different if your work-related injury or illness developed over time, such as a repetitive motion injury or back injury from sitting too much in a certain position. In this situation, the 30-day window starts running on the first day you miss work because of injury or illness.

Completing the claim form

The second important deadline is the deadline to complete a workers’ compensation claim form and provide it to your employer. You must do this within one year of the injury or illness. Be prepared with your contact information and details about the situation that caused the injury or illness. You must provide a description of your injury or illness and the date and time it occurred. Keep copies of the formal notification you provide to your employer and the claim form. It is also best to complete these two tasks as soon as you can rather than wait until the last minute. Unexpected delays could cause you to miss the deadline.

Exceptions to the deadlines

There are some exceptions to these deadlines. You could receive an extension if you were in a coma due to your injury, were in quarantine because of your illness or your medical treatment is so lengthy and complicated it prevents you from meeting deadlines. Although you may be eligible for an extension in these circumstances, there are no guarantees. Take care of these steps promptly to avoid future issues with your claim.]]> On Behalf of Overholt & Cremeans, APC <![CDATA[Do you know how to file a workers’ compensation claim?]]> https://www.overholtcremeans.com/?p=49010 2025-01-24T19:34:11Z 2025-01-22T19:33:00Z workers’ compensation is sought by numerous employees each year, making it imperative that you not only understand the process to file for these benefits but also comprehend the benefits and support available to you.

California workers’ compensation

At the Law Office of Eric M. Overholt, our legal team understands the complexities and frustrations a workers’ compensation can bring to the table. This is why our skilled and experience attorneys take the time to provide detailed and personalized one-on-one legal advice to our clients. This ensures our clients feel secure with the process, have their questions answered and provides them with a strategy to reach favorable results.

Filing a claim

No matter the type of industry you work in or the type of injury you suffer, the first step is always the same. The journey for workers’ comp begins with the injured employee reporting the injury to their employer. This should occur in a timely matter, and after an employer is informed, the employee will fill out a claim form to be sent to the employer’s insurance company. This begins the process for obtaining workers’ compensation.

Medical treatment

Obtaining medical treatment is an important part of the process. Often, the employer will have the employee seek treatment by a doctor that is on the list of providers in their insurance company’s network. At any point in the process, you could hire an attorney to assist you with your claim. If this is prior to obtaining medical treatment, your attorney can help you choose from this list, often indicating doctors they have a working relationship with. The treatment phase can last anywhere from several weeks to several years, which can greatly impact the length of your case and the steps you will need to take. This is especially true if you do not agree with the treatment recommendations. As such, this could require second opinions or the need to file for an independent medical review.

Securing benefits

Whether you were denied workers’ compensation benefits, were not provided the benefits you are entitled to, do not agree with the outcome or seek to continue benefits that are set to end, it is important to understand the workers’ comp process and your rights as an injured employee. This can easily and quickly get confusing, making it imperative that you have a knowledgeable and skilled legal team on your side to ensure your rights and interests are protected every step of the process.]]> On Behalf of Overholt & Cremeans, APC <![CDATA[Three tips for easing the stress of a workplace injury]]> https://www.overholtcremeans.com/?p=49006 2025-01-10T00:29:17Z 2025-01-10T00:29:17Z workplace injury.

Tips for coping with a workplace injury

After suffering a workplace injury, you’ll have pressure weighing down on you from all directions. As a result, you might be tempted to forego the challenges of the workers’ compensation system, or you might be willing to accept less than you deserve simply so that you can get the process over with as quickly as possible. Neither option is idea, though, which is why you should carefully think through how you can ease the stress associated with your case. Doing so is the only way that you’ll be able to slow down, critically think through the facts of your case and make the fully informed decisions that are right for you. That said, here are some tips that we hope will lighten the burden for you during the workers’ compensation claims process:
  • Find a support group: Recovering from a workplace injury can feel isolating. You could find yourself thinking that no one understands what you’re going through, or that you’re being marginalized by your employer. These feelings can be tough to handle on your own, but you can find support from those who are going through or who have gone through a similar or even the exact situation that you’re facing. Talking to these individuals in a support group setting can help you see that there is light at the end of the tunnel and that you don’t have to be defined by your workplace injury.
  • Learn about your medical condition: It’s easy to slip into feelings of hopelessness and despair after suffering an on-the-job injury. But by learning more about your medical condition, you’ll have a better idea of what it takes to reclaim your health and get back to your normal life and work. This will also allow you to ask better questions of your medical provider so that you can take more charge of your medical care.
  • Find an outlet: As you recover from your injury, you might feel that you’re being defined by your condition. But you can reclaim your sense of identity and reduce your stress by finding outlets for your emotions and your expression. So, turn to the hobbies that you’re able to do, and seek out new interests that may give you a renewed sense of purpose.

Let a strong workers’ compensation claim serve as a building block to a powerful recovery

While there’s a lot you can do to ease the strain, stress and anxiety following your workplace injury, a workers’ compensation claim can also play a pivotal role. If you present a strong case and maximize your chances of recovering compensation, then you can alleviate your financial strain and the stress associated with your unpaid bills. Of course, there are challenges that arise with workers’ compensation claims, meaning you have to know how to navigate the law to your favor. If that’s something that you need assistance figuring out, then now is the time to figure out how to obtain answers to your questions and develop the strong legal strategy you need on your side.]]> On Behalf of Overholt & Cremeans, APC <![CDATA[How a pre-existing condition can affect a workers’ compensation case]]> https://www.overholtcremeans.com/?p=49008 2025-01-10T01:07:09Z 2025-01-09T01:05:50Z workers’ compensation system might provide you with some relief, the process can quickly become complicated if you have pre-existing conditions. And your employer’s insurance company will likely try to latch onto that fact to use it as a justification for claim denial.

How to approach a pre-existing condition in your workers’ compensation case

While it’s true that a pre-existing condition could lead to a workers’ compensation claim denial, that doesn’t necessarily have to be the case in your situation. If you can demonstrate that your job duties resulted in a worsening of your condition, then you still have a valid claim for benefits. Of course, showing that your pre-existing condition has deteriorated due to your job duties will require extensive medical evidence. So, be sure to have open and honest conversations with your medical provider so that you can acquire their concrete opinion on the matter. Then, be ready for the issue to come up during your claim’s processing, especially when you’re subjected to an independent medical examination. Throughout your workers’ compensation claim, be clear on what your condition looked like previously, detail how it worsened over time in direct correlation to your job duties and explain how limiting your condition is now.

Fight to protect your right to workers’ compensation benefits

You deserve to be safe in the workplace and to be treated fairly when you’re hurt on the job. But employers and their insurance companies will sometimes do everything possible to try to avoid paying out workers’ compensation benefits. Don’t let them get away with that. Instead, diligently work to build an effective workers’ compensation case that aggressively protects your interests and increases your chances of acquiring the outcome that you want.]]> On Behalf of Overholt & Cremeans, APC <![CDATA[Don’t fall for these common workers’ compensation myths]]> https://www.overholtcremeans.com/?p=49001 2024-12-23T17:16:51Z 2024-12-23T17:16:51Z Common myths about the workers’ compensation system There are a lot of misconceptions out there about the workers’ compensation system that have sown uncertainty about the process. Here are some of the most common myths:
  • You can sue your employer for the harm that’s been caused to you, which is untrue if your employer is covered under workers’ compensation insurance unless they acted intentionally to cause you harm.
  • The insurance adjuster is on your side. Instead, they will look for any evidence they can use to deny your claim.
  • Workers’ compensation will only pay out if you were injured while performing your job duties. You might be able to secure benefits so long as your injury or illness was developed while at work.
  • Your employer will retaliate against you for filing a workers’ compensation claim. This is illegal.
  • Workers’ compensation benefits are only for those who are severely injured at work. So long as your injuries were suffered at work and result in medical expenses or lost wages, you should be covered.

Don’t miss out on an opportunity to secure the workers’ compensation benefits you deserve

You need financial support to get through your workplace injury recovery. Now is the time to figure out the best way to secure that support. This may include pursuing workers’ compensation benefits, but you have to be careful yet aggressive when doing so. If you’d like to learn more about how to do that, then please continue to read through our website.]]> On Behalf of Overholt & Cremeans, APC <![CDATA[When can you appeal a workers’ compensation claim denial?]]> https://www.overholtcremeans.com/?p=48998 2024-12-16T15:07:39Z 2024-12-10T15:06:42Z workers’ compensation benefits you need. After all, you might be able to appeal your claim denial, which gives you another chance to advocate for yourself.

When can a workers’ compensation claim be appealed?

Unfortunately, you can’t appeal a workers’ compensation claim simply because you disagree with the denial. Instead, you’ll have to show that one of the following circumstances exist, thus warranting another look at your claim:
  • New evidence is discovered that wasn’t available at the time of filing your initial claim.
  • A legal error was made in the determination of your initial claim.
  • The initial claim denial was not supported by substantial evidence.
  • A procedural error occurred that could have had a negative outcome on your claim.

How to prepare for a workers’ compensation appeal

There’s a lot you can do to prepare for your workers’ compensation appeal. This includes:
  • Scrutinizing the justification for your claim denial.
  • Gathering additional medical evidence.
  • Reading up on the law to understand why your claim was wrongfully denied.
  • Submitting all paperwork in a timely fashion.

Fight to recover the workers’ compensation benefits you need and deserve

There’s a lot at stake when you’ve been injured at work and seek workers’ compensation benefits. If you want to maximize your chances of obtaining the financial support you need, then it’s best to learn as much as you can about your legal options and how to build a compelling and persuasive initial claim and, if that’s denied, a workers’ compensation appeal.]]>