Workers Compensation for Temporary Workers –
All employees who are injured at work are entitled to Workers Compensation under California Law. This includes leased, loaned and temporary workers. (Only 1099 or “independent contractors” may not be covered – see more here about 1099 workers).
But when a temporary employee is injured on the job, they often get the “run-around.” The Temp Agency (Leasing Company) may claim the company where the temporary employee performed services is responsible. While that company may claim the Temp Agency is fully responsible.
Our experienced Long Beach workers comp lawyers understand how frustrating this can be. If you were injured at work, you need your medical bills covered – and you need money to live on. And you should not have to wait while everyone “passes the buck.”
In this article we explain the rights of injured “temps” or leased employees – so that you can collect the maximum workers compensation for which you qualify as soon as possible.
The Good News About Workers Compensation for Temporary Workers or Leased Employees
The good news is that California has enacted a very progressive law that requires companies (of 25 employees or more) who use staffing agency employees to “share . . . all legal responsibility and civil liability … of workers’ compensation insurance” with the staffing company.
In other words, temporary employees who are leased to an employer (of 25 employees or more) through a staffing agency are covered by BOTH the employer AND the temp agency’s workers comp.
This is a much better than most other states where only one or the other (the company OR the staffing agency) has to provide workers’ compensation.
The Bad News About Workers Compensation for Temporary Workers or Leased Employees
Unfortunately, having two parties responsible for workers comp can lead to some problems, when it comes to determining which company has primary liability for paying the Workers’ Compensation benefits.
California law states that both the placement agency and the company where the employee works are indeed both the worker’s “employers”. In most circumstances the placement agency is legally considered the “general employer”, while the company where the work is performed is considered the “special employer.”
As long as the staffing agency is the entity keeps the employee on its payroll and handling tax accounting, etc. they are typically considered the “general employer”. And it is the general employer (staffing agency) that is responsible for the entire cost of workers compensation benefits.
However, there are some exceptions. If the special employer (business where work was performed) had the employee on their payroll at the time of injury, then they are primarily responsible for the workers compensation. Additionally, there may be a separate written agreement in place between the staffing agency and the company using the employee that specifies which company is responsible for Workers’ Compensation.
Long Beach Workers Compensation Lawyers
The best way to ensure that the responsible party rapidly pays your workers compensation claim is to consult with an experienced workers comp lawyer. They will be able to identify who is primarily responsible to pay your workers comp claim – and make sure you get the maximum benefits for which you qualify as rapidly as possible.
If you are a temporary employee, leased employee, or staffing agency employee – and you were injured on the job – our lawyers are here to help. Our experienced Workers Compensation lawyers have assisted thousands of permanent employees, temporary workers and staffing agency employees get the Workers Compensation benefits to which they are entitled. We can help you, too.