Temporary workers are widespread in California’s agriculture, construction, and retail industries. However, as the number of temporary workers grows, the question of what rights these workers have becomes increasingly important. Are they eligible for workers’ compensation if they are injured on the job, for example? Get the facts and then contact PLBH at (800) 435-7542 if you require a free legal consultation with an employment law attorney.
Which temp workers qualify for workers’ compensation?
California companies are required to provide workers’ compensation insurance to their employees, including temporary workers, per a 2014 law. According to the California Department of Industrial Relations, some temporary employees are entitled to workers’ compensation if they sustain an accident on the job, such as a fall on a construction site or a repetitive motion injury in a factory.
If the employee is employed through a temp agency, the employer and the temp agency may split the cost of coverage, but the agency cannot relieve the employer of its need to offer workers’ compensation coverage.
Exceptions to the law
There are a few exceptions to this regulation that might leave temporary employees unprotected. Employers with less than 25 total employees (including temporary workers) or fewer than five temporary workers at any given time are excluded.
The temporary employees must also be performing “normal and customary labor of a company, done within or upon the premises or workplace of the client employer,” according to the statute. This means that temporary employees who assist a firm develop items throughout the year are likely to be covered, while workers who do odd jobs, such as painting, are unlikely to be covered.
What to do if you are injured at a temp job
It’s critical to move swiftly in the event of a workplace injury to safeguard your legal rights. This involves reporting an injury to a supervisor as quickly as possible and completing the necessary internal documentation, such as incident reports. If you do not disclose your injury within 30 days, you may be denied workers’ compensation benefits outright. That’s why it’s so important for all employees, especially temporary workers, to understand their rights and make a claim as soon as possible.
After an accident, sickness, or injury, workers’ compensation provides a number of benefits that might assist an injured worker in moving ahead with their lives. Supplemental work displacement benefits, cash compensation for a temporary or permanent disability, death benefits, and medical expenditure coverage are all examples of this. In most circumstances, an employee who makes a workers’ compensation claim will learn whether or not their claim was granted within 90 days.
Any employee, whether a full-time, permanent employee or a temporary worker called in to help during a busy season, might suffer catastrophic consequences as a result of a workplace injury. California has acknowledged this fact and given a mechanism for employees to be covered regardless of their temporary job status by allowing temporary workers to see coverage for their on-the-job injuries. You may be eligible to workers’ compensation payments if you were injured while working as a temporary employee.
To learn more about how PLBH may assist you, call (800) 435-7542 or email info@plblaw.com. We have comprehensive understanding of the California workers’ compensation system, including the rights of temporary employees under this new statute and other laws, as experienced workers’ compensation attorneys.