There are thousands of temporary workers in the Sacramento area that are hired through staffing agencies. They might be employed in labor, warehousing, manufacturing and technology. In and around Sacramento, two large companies who use temp workers are Apple and Tesla. If you’re a temporary employee who has been hurt on the job, you’re likely eligible for workers’ compensation benefits. Those benefits can include compensation for temporary total disability during the period when you’re physically unable to work and payment of your medical bills.
Workers’ Compensation Insurance is Mandatory in California
All employees in California are protected by the state’s workers’ compensation laws. California law requires employers to cover their employees, whether full-time or part-time, with workers’ compensation insurance coverage. The general rule is that when a worker is hired through a temp agency, that worker is deemed to be an employee. What comes to issue is what company he or she an employee of.
Joint Employers
As per California law, the general rule is that a temporary worker is an employee of the temp staffing agency. The agency and the entity that the person is hired out to are allowed to share in workers’ compensation coverage though. Under those circumstances, the agency and its client could be determined to be joint employers. It all depends on what any contract between the staffing agency and the employer provides for. If no such contract language exists, it’s likely that it’s the staffing agency’s responsibility to obtain workers’ compensation insurance coverage.
Misclassification
A temporary worker must be distinguished from an independent contractor. An independent contractor isn’t eligible for workers compensation benefits if he or she is hurt on the job. After a serious work-related accident, it isn’t at all unusual for an entity to misclassify a temporary employee as an independent contractor in attempting to avoid workers’ compensation obligation. A recent shift in California labor law operates in favor of an independent contractor being determined to be an employee.
California’s legislature doesn’t want an injured temp worker caught in the middle between a temporary staffing agency and a company that needs help for a few days or weeks. Although the burden of providing workers’ compensation insurance falls on the staffing agency, that cost is easily passed to its client. That operates to assure that the temp worker is properly covered.
Contact a Sacramento Workers’ Compensation Lawyer Today
In almost all cases when someone is injured on the job, the worker will get the best possible outcome by hiring an experienced workers’ compensation lawyer.
Whether you’ve been classified as a temporary worker or an independent contractor, if you’ve been seriously injured at work, there’s a good chance that you’ll be eligible for workers’ compensation benefits. If you’ve been told by a company that you aren’t eligible for workers’ compensation benefits, contact our law firm to arrange for a free consultation and case review with a knowledgeable Sacramento workers’ compensation lawyer. Our objective is to maximize any benefits that you might be entitled to.
