Hurt on the Job While Employed by a Temp Agency
Many Americans find themselves needing to boost their incomes at certain times of the year or to cover expenses. This could be extra money for Christmas gifts, a house remodeling project, a spouse’s loss of income, or an upcoming vacation. Getting a temporary second job is a good way to make extra money. But, do temporary workers have the same workers’ compensation benefits that full time employees have? And who pays for them?
Rules about temporary employees and workers’ compensation vary by the state and the classification of an employer in that state. As a temporary employee in California, you need to consult a knowledgeable workers’ compensation attorney to know workers’ compensation claims and wage claims. Kenton Koszdin Law Office has nearly two decades of experience representing Southern California clients in workers’ compensation litigation.
For a free case evaluation, call our Van Nuys office today at (800) 438-7734.
Who Pays for Workers’ Compensation Insurance for Temp Workers in Los Angeles?
In some states, the staffing or temp agency pays the premiums for workers’ compensation insurance. In other states, the employer who hires the worker through a staffing agency pays the workers’ compensation insurance premiums. If you are a temporary worker in California, rest assured, you are entitled to the same workers’ compensation benefits as a regular, full time employee. What’s different in California, is who pays the premiums for the workers’ compensation insurance for temporary employees.
Previously, staffing agencies were responsible for paying for the workers’ comp insurance for the workers they contracted out to third party employers. That all changed in 2014, when Governor Jerry Brown signed into law statute AB 1897, which created California Labor Code § 2810.3. This law requires employers who use workers provided by staffing agencies to “share with a labor contractor all civil legal responsibility and civil liability” for the payment of wages and the provision of workers’ compensation insurance.
Certain Small Businesses Exempt from California Labor Code § 2810.3
But, this new law does not affect all companies in California, particularly not small businesses. A business is exempt from California Labor Code § 2810.3 if it:
- Employs less than 25 employees (including any temporary workers)
- Uses five or fewer temporary workers at any one time
As a temporary worker in California, it is important to be aware of your workers’ compensation rights. If you have any questions regarding these rights, or feel you have been denied any of these rights, it is important that you contact a seasoned workers’ compensation attorney.
Call Kenton Koszdin Law Office – Advocates for Injured Workers
Kenton Koszdin Law Office has been successfully handling workers’ compensation cases in Southern California for nearly 20 years. It’s our mission to protect the rights of all workers against unscrupulous employers. Call our Van Nuys today for a free consultation.If you are too injured to come into the office, we will come to your home or hospital room. Se habla español.
You can reach us at (800) 438-7734.
