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If you are employed with a cleaning company, then the question is easily answered in the affirmative. An employee of a cleaning or house-cleaning company who is injured on the job will certainly be covered by workers’ compensation. However, if the worker is doing a “side job” or a one-time job, directly for the homeowner, it may be more complicated.
Generally, a person who is hired to work for the owner of a residential dwelling (house, apartment or other place of residence) to perform duties that are incidental to the ownership, maintenance, or use of the dwelling is referred to as a ‘casual employee’ but is not considered to be an actual employee for purposes of entitlement to workers’ compensation benefits, unless the completion of the work for which he or she was hired to do took or would have taken 52 hours or more during the 90 days immediately preceding the date of the injury; or the earnings for that work was or would have been $100.00 or more. The specific definition is found in Labor Code section 3352(h).
If during the 90 days immediately preceding your date of injury, you worked for the client in whose house you were injured for 52 hours or more; or earned $100 or more during that same timeframe, your injury may be covered by workers’ compensation under the homeowner’s policy.
There are a number of variables that come in to play, and each situation is unique. For example, it will matter how many hours were worked per week, how many hours were worked total, how long the work has been taking place, who pays the worker, how the payment is made, and more.
If you have questions about treatment for your workers' compensation injury and want to talk to an attorney in Fresno, please call 559-408-7436 or fill out the form to the right.