Interns and apprentices sometimes feel like they’re just guests in a workplace, and unsure what protections (if any) come with that label. Many worry that, if something goes wrong, like an injury on the job, they have fewer rights than full-time employees.
The truth is that California law gives many interns and apprentices access to benefits, depending on the situation. A better understanding of the rights and paths to compensation can make a big difference in how you move forward after an accident at work. Contact our Los Angeles work injury lawyer to fight for the compensation you deserve.
Are Interns and Apprentices Considered Employees in California?
How you are classified has a direct impact on what you’re allowed to claim.
Paid Roles Are Usually Employees
Most paid interns and registered apprenticeships are generally considered employees. As part of a paid internship or apprenticeship, tasks you perform and oversight by supervisors generally bring full employment protections.
Unpaid Status: Still Some Coverage
Some unpaid interns are covered as employees, depending on their daily responsibilities at the job site. Common signs that they are considered employees include strict scheduling, supervision similar to paid staff, or working for the direct benefit of the business rather than mostly learning.
California applies a strict legal test (much stricter than federal rules) to protect against companies passing off real workers as “just interns.” Titles, contracts, or labels alone don’t tell the whole story; it’s what you actually do for the business that counts.
Determining your true classification isn’t always straightforward, so reviewing the situation with a lawyer if you’re injured is always a good idea. Otherwise, you risk not getting the benefits and compensation you’re entitled to after an injury.
Our workplace injury attorneys in Los Angeles will fight for you.
Hurt On The Job? Grey Law Can Help.
Workers’ Compensation Rights for Injured Interns and Apprentices
When you suffer a workplace injury, the first route you will take is usually a worker’s compensation claim. If you meet California’s definition of employee, workers’ compensation benefits are open to you. In these cases, you can receive the following:
- Medical Treatment: Pays for doctor visits, surgery, medicines, and therapy directly from the injury.
- Lost Income: Covers some of your lost pay if you can’t work.
Most employers in California, including those running internship programs, are legally required to carry workers’ compensation.
What If the Internship Is Unpaid?
It’s not always black-and-white for unpaid interns, but state law may recognize more protections than people think. Rights depend mostly on control and benefit to the employer. If the unpaid intern is supervised by staff, working a schedule similar to other employees, or doing tasks for the company’s benefit? There’s a fairly good chance the law still views you as an employee.
This means you may be able to recover help with your medical bills through workers’ compensation. Of course, there won’t be any lost income available since you aren’t getting paid anyway, but medical expenses can add up, so this is still an important benefit.
Can Injured Interns or Apprentices File a Personal Injury Lawsuit?
Workers’ compensation is meant to cover most workplace injuries, but in some cases an intern or apprentice may have the right to file a personal injury lawsuit as well or instead. Here’s when this might be possible:
- No Workers’ Comp Coverage Provided by Employer: If the company fails to carry workers’ compensation insurance, as the law requires, you may have the right to bring a lawsuit directly against the employer. This can open the door to damages for pain and suffering, not just medical bills.
- Injury Caused by a Third Party: If a person or business outside your workplace (another driver, a visitor, an outside company working on-site) is at fault, you can sue them directly. This allows you to recover damages their insurance will often pay.
- Defective Equipment or Unsafe Premises: When the harm is tied to faulty equipment (something fails that should protect or help you), or dangerous conditions at the property (like a broken stairwell or missing safety features), you may have a claim against the manufacturer or property owner.
A personal injury lawsuit has the potential to offer broader compensation than workers’ comp, covering things like suffering, emotional distress, or future losses, but these lawsuits are more involved and require proving fault. If you’re not sure where your injury fits and what to do next, we’re here for you. Contact our team of Los Angeles injury attorneys today to schedule a free consultation.