Can I Make a Worker’s Comp Claim While Working at a Temp Agency?
It is pretty common to find temporary employees working in California’s various industries to help handle the season’s workload. And like permanent employees, there’s always the risk of their getting injured while at the job.
This is when the question about the rights these employees have.
They want to know if they are entitled to workers’ compensation if hurt at the job.
Temporary Employees Can Make Claims
The good news is that according to a 2014 law, California employers have to provide workers’ compensation to all employees.
It applies to temporary workers too.
According to the California Department of Industrial Relations, temporary workers who suffer from work-related injuries may receive workers’ compensation.
Examples are painters falling while at the job and any injuries from repetitive movements like everyday typing.
In the case of employees hired through temp agencies, both the employer and temp agency share the responsibility of providing coverage. So, it’s not solely the temp agency’s responsibility.
Rule Exceptions
There are some situations where the temporary workers cannot make a claim.
They are when:
- Employers hire less than 25 employees, including temp employees
- Employees employ fewer than five temporary employees at a time
According to the law, to make a claim, temporary workers must perform “regular and customary work of a business, performed within or upon the premises or worksite of the client employer.”
It means only temp workers helping companies with their regular annual manufacture of products are likely to be covered. Those performing odd jobs like painting or renovation may not have coverage.
Where Employees Stand
The law provides better protection for temporary employees who otherwise cannot make workers’ compensation claims against their employees. As a temporary employee, you may use the company’s resources if you get injured at work.
An experienced Burbank workers’ compensation attorney will be a better person to determine if you are legally eligible for coverage or not. You will then learn within a maximum of 90 days if your claim was approved or not.
Take Quick Action
All employees, including temporary workers, must act quickly to protect their legal rights if injured at work. Both permanent and temporary employees need to know their rights and file a claim on time.
They should:
- Inform a supervisor as quickly as possible about the injury
- File the relevant internal paperwork like incident reports
- Report their injury within 30 days of the injury. Failure to do so can bar them entirely from receiving workers’ compensation.
Workers Compensation Benefits
Workers’ compensation benefits can change your life after an injury. It provides various benefits that help you carry on with life after the injury, accident, or illness.
You stand to receive:
- Cash payments for permanent and temporary disability
- Supplemental job displacement benefits
- Coverage of medical expenses, present, and future
- Death benefits
Consult a Burbank Workers’ Compensation Attorney
California knows that a workplace injury may lead to severe consequences for any employee. It does not matter if they are a full-time, permanent, or temporary employee. The pain and suffering they go through are the same if injured at work.
As temporary workers can seek coverage for their job injuries, they may receive protection despite their temporary job status. However, it is always better to claim with the help of an attorney.
An experienced Burbank workers’ compensation lawyer knows the workers’ compensation system well and the rights of temporary employees. They will use their knowledge to help you receive your deserved benefits, to help you lead life after the injury.