Who is covered by Workers Compensation?
San Francisco State University employees (including faculty, staff, management, special consultants, student assistants, and work-study students), appointed volunteers, and some students enrolled in off-campus internships are covered by Workers’ Compensation. You are covered when you perform your work for the University. Coverage begins the first minute that you are on the job and continues any time that you work. You do not have to work a certain amount of time or earn a certain amount of money before you are covered. Coverage is automatic and immediate.
Workers’ compensation applies to all employees with the exception of casual workers performing services not related to an employer’s business or persons employed in a limited function. Workers who are “contract employees” or “independent contractors,” that is, working by contract and for whom withholding is not done by the employer, may or may not be “employees;” for purposes of Workers Compensation. The test for whether a person is an “independent contractor” for tax purposes or for workers compensation purposes is not exactly the same. Domestic service workers are also excluded unless the employer has purchased workers’ compensation insurance coverage. Corporate officers may elect to not be covered.
Generally, all employees are covered by Iowa workers’ compensation. There are times when injured workers are independent contractors and they are not covered by Iowa workers’ compensation. The question of whether a worker is an independent contractor or an employer is a question of fact. Generally, if the employer controls the type of work that you do, and can direct the hours of employment, the tasks you are doing etc., you would not be considered an independent contractor. If you have an injury at work and the employer denies the claim indicating that you are an independent contractor, that may be an occasion to contact an attorney concerning your claim. When is an Injury Related to Work? In order for an injury to be covered by Iowa workers’ compensation, the injury must “arise out of” employment, and the injury must occur “in the course of employment.” Typically, if a worker has a traumatic injury while at work, this is usually considered an injury that arises out of and in the cour
