Temporary staffing agency workers in California are entitled to workers’ compensation benefits like full-time employees are entitled to workers’ compensation benefits. While specific considerations affect who must provide your workers’ compensation insurance, you are entitled to workers’ compensation as a temporary staffing agency worker.
Being entitled to workers’ compensation benefits and receiving those benefits are two different things. A personal injury lawyer from our team will work tirelessly to deliver the compensation you are entitled to as a sick or injured temporary employee in California.
Who Does a Temporary Staffing Agency Worker Receive Workers’ Compensation Benefits From?
As the Division of Workers’ Compensation (DWC) explains, every employer in California must have workers’ compensation insurance for full-time workers. In many cases, an employer must include temporary staffing agency workers in its pool of covered employees.
Therefore, there is a significant chance your employer’s insurer will provide the workers’ compensation you are eligible to receive. However, there is also a chance the temporary staffing agency will cover your work-related injury or illness.
Some California Businesses Do Not Have to Cover Workers’ Compensation for Temporary Workers—But You Should Still Receive Benefits
California Labor Code § 2810.3 defines which employers must cover workers’ compensation insurance costs for temporary workers. The statute defines “client employers”—which are those responsible for covering temp workers’ insurance contributions—as:
- “A business entity, regardless of its form, that obtains or is provided workers to perform labor within its usual course of business from a labor contractor.”
- A business entity that employs 25 or more workers
- A business entity with five or more workers referred by a labor contractor
- Governmental bodies
In other words, small businesses may be exempt from providing workers’ compensation insurance for temporary employees.
However, you are still entitled to workers’ compensation coverage if you are a temporary worker for a small business. In this case, the agency that referred you to your employer could provide your workers’ compensation insurance coverage.
How Does a Temporary Staffing Agency Worker Pursue Workers’ Compensation Benefits?
As soon as you realize you have suffered a work-related injury or illness, you should:
- Tell your employer about the workplace accident.
- Inform the temporary staffing agency (as it may need to file the workers’ compensation claim).
- Seek extensive medical treatment promptly and keep records of all images (such as X-rays), doctors’ notes, and medical bills.
Many injured workers are uncomfortable managing temporary workers’ compensation claims, so they turn to our firm for help.
Should I Hire a Workers’ Compensation Attorney as a Temporary Staffing Agency Worker with an Injury or Illness?
If you are an independent contractor working for a temporary staffing company, there are several noteworthy reasons to consider hiring a workers’ compensation attorney, including:
- The potentially complex nature of temporary staffing agency workers: Full-time employees know when they suffer a work-related injury or illness, their employer’s workers’ compensation insurance generally covers resulting losses. When a temporary staffing agency worker faces similar circumstances, it is not always clear who should provide workers’ compensation benefits. This can make your case more complex than usual, and we can help.
- Your need to recover: While workers’ compensation can provide helpful benefits, you may want to return to work as soon as possible. By allowing our personal injury lawyer to fight for your financial recovery, you can direct all your attention toward returning to full strength.
- The possibility of filing a lawsuit: Some workers’ compensation cases become lawsuits. If our firm is already handling your claim, we can seamlessly file a lawsuit if it is appropriate in your case.
Our firm also provides financial support that many find essential. We will cover the entire cost of completing the claims process (and any necessary legal process) and ask for no upfront fee.
What Covered Losses Can I Get Money for Through a Workers’ Compensation Claim as a Temporary Staffing Agency Worker?
Our team will evaluate the specific harm you suffered because of a work-related injury or illness as a temporary employee. Whether through a workers’ compensation claim or other actions, we will pursue money to cover:
- Medical expenses
- Lost income
- Diminished earning power
- Vocational rehabilitation
- Pain and suffering
- Treatment for psychological and emotional symptoms
- Any other damages or losses resulting from your work-related injury or illness
Workers have protections, one of which is the right to recover fair compensation when you suffer a work-related ailment. We will work hard to ensure you receive the benefits you deserve.
We Help Temporary Workers With Workers’ Compensation Claims – Call Us Today
You do not have to wait to retain our team if you suffered an injury while working with a temporary staffing agency. We can offer you legal advice and advise you of your rights and how you can protect them. We can begin fighting for your workers’ compensation benefits immediately.