Temp workers and workers' compensation

In California, more businesses are employing temp workers in order to meet labor demands. In particular, agriculture, construction and retail often use seasonal or temporary workers.

These are also industries that frequently result in injury to workers.

I'm a temp worker. Do I get workers' compensation?

The good news is California is ahead of many states in protecting the rights of injured temporary workers. Several years ago California enacted a law to cover temporary workers who became injured on the job. Either the employer who you work for on-site, or the temporary staffing agency, is responsible for work injury coverage.

However, there are exceptions. For example, employers with fewer than 25 employees are not covered under the law. Neither are employers employee five or fewer temp workers. There are also some exceptions for agricultural jobs.

In addition, independent contractors are not covered under workers' compensation, and the injury must have occurred during the employer's regular and customary work, meaning that hiring a temp to perform one odd-job would not likely qualify under the law.

So . . . am I covered?

Workers' compensation is a complex system. Even straightforward instances of workplace injury can be complicated by employers and insurers attempting to limit the cost to their bottom line.

Whether your are covered as a temporary employee is not something that can be determined without an analysis of your situation. If you have questions about whether you are eligible for workers' compensation, contact an experienced workers' compensation attorney. Keep in mind there are deadlines for filing

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