Denying Workers’ Compensation for Temporary WorkersBy Kenton Koszdin on May 18, 2021 | In Blogs
If you are a ‘Temporary Worker’ and you experience a work-related illness or an injury that you received while on the job, you may wonder if you are eligible for workers’ comp. California Law has decided in the past decade that an employer with temporary workers must pay them compensation along with their regular workers to protect them.
Unfortunately, some exceptions prohibit you from being eligible. While the list of reasons for denial can be vast, the most common reasons for eligibility and denials are as follows.
- If your employer has workers that total less than twenty-five, and that number is including the temporary workers that are on staff, you may not be eligible.
- If your employer has five temporary works on the staff or less than that, you will not be eligible for compensation.
- If the temporary worker is not involved in what is considered regular work, they will not be eligible. An example would be someone who helps create products that the company sells would be qualified, but someone who washes the windows or freshens the paint would not be.
- Suppose you are injured and have not reported it to your employer within thirty days. California law states you will be ineligible for compensation if you fail to claim within those thirty days. If you choose to file a claim, it will most likely be denied as the time for compensation benefits will have passed.
Temporary workers may not be able to experience the same benefits as regular workers. Still, thanks to the new laws that California has put into place, they can begin to be protected if they fall ill or gain injuries due to their working environment and job.
If a loved one has been denied Workers’ Compensation or Social Security Disability (SSDI) benefits, it’s essential to get an attorney experienced in these types of cases involved immediately. Call 800.438.7734 for your initial free consultation, either in our office or in the comfort of your own home. The Kenton Koszdin Law Office, Social Security attorney in Van Nuys, can help you navigate the application process for the best possible outcome for you and your family.