In California, temporary workers are frequently employed in the retail sector, construction, and agricultural. But with the increase of temporary workers, the issue of these workers’ rights frequently arises. Are they eligible for workers’ compensation, for example, if they get harmed at work? Keep reading to get the facts and then contact PLBH at (800) 435-7542 to learn more.
Yes, Temporary Workers Are Covered by Workers’ Compensation Insurance
A 2014 law requires California firms to offer workers’ compensation insurance to all of their employees, including temporary employees. According to the California Department of Industrial Relations, some temporary employees who sustain an injury on the job, such as a fall at a construction site or a repetitive motion injury in a factory, are entitled to workers’ compensation benefits.
The employer and the temp agency may share the cost of coverage if the employee is employed through the agency, but the agency cannot relieve the employer of its need to furnish workers’ compensation for its employees.
There Are Exceptions
There are some exceptions to this regulation that can deny coverage to temporary employees. Employers who employ five or fewer temporary workers at any given time or who have a total of fewer than 25 employees (including temporary workers) are excluded.
According to the law, the temporary employees must also be performing “normal and customary business work, performed within or upon the premises or worksite of the client employer.” This indicates that temporary employees who assist in the production of goods that a company produces throughout the year are certainly covered, but employees performing odd jobs, like painting, are probably not.
What does this mean for the workforce, then? Fundamentally, this rule gives temporary workers far more protection as they might not otherwise be able to sue their employers for workers’ compensation. If you have a workplace accident while working on a temporary basis, you might be able to benefit from the company’s resources. You can find out if you qualify for coverage under this statute by having the facts of your case reviewed by an experienced California workers’ compensation attorney.
Take Action Right Away if You Are Injured on the Job
As with any job injury, you must take immediate action to safeguard your legal rights. This entails reporting an injury to a supervisor as quickly as feasible and completing any necessary internal paperwork, like incident reports. If you don’t disclose your injury within 30 days, you risk losing all rights to workers’ compensation benefits. Because of this, it is crucial for all employees, but notably temporary workers, to be informed of their rights and to submit a claim in a timely manner.
After an accident, illness, or injury, an injured worker may be able to go forward with their lives thanks to the benefits provided by workers’ compensation. This could include additional benefits for losing your job, cash compensation for a temporary or permanent disability, death benefits, and medical expenditure coverage. An employee who submits a workers’ compensation claim will typically learn whether or not it has been granted within 90 days.
Any employee, whether they are a full-time, permanent employee or a temporary worker hired to assist during a busy season, might suffer catastrophic consequences as a result of a workplace injury. California has acknowledged this fact and given employees a method to be covered regardless of their temporary employment status by allowing temporary workers to see coverage for their on-the-job injuries.
You may be eligible for workers’ compensation benefits if you sustained an injury while working as a temporary employee. Learn more about how PLBH can assist you by contacting us at (800) 435-7542 or info@plblaw.com right away. We have in-depth understanding of the California workers’ compensation system, including the rights of temporary employees under this new statute and other laws, as we are skilled workers’ compensation attorneys.