The California Division of Workers’ Compensation specifically states that temporary and part-time employees may be eligible for workers’ compensation benefits after a work injury.
Most of the time, the staffing agency that hires and pays you is considered your primary or general employer. The staffing agency usually keeps the employment relationship and often provides workers’ compensation coverage. That means if you’re injured, their workers’ compensation insurance is usually the one handling your claim. Reach out to our Los Angeles workplace accident attorney from Grey Law for legal assistance.
Can the Company Where I Was Assigned Also Be My Employer?
Yes, this is a possibility. California uses what’s known as the “special employment” doctrine. This means that even though you are on the staffing agency’s books, the company you’re actually working for day-to-day (the host employer) might also be considered your employer for legal reasons.
This happens when the host company has enough control over how you do your job and oversees your daily responsibilities. Some factors to consider include:
- Who directs your work and specifies your daily tasks
- Who supervises how that work gets done
- Who has the authority to remove you from the jobsite
- Whose equipment and tools you use
- If your specific work serves as part of the host company’s core business
Legally, control is the most important point. When both the staffing agency and the host company have sufficient control over your work, California law may treat both as your employers. Practically, that means both may be considered employers for workers’ compensation purposes.
Who Decides Which Employer’s Insurance Covers My Workers’ Compensation Claim?
In most cases, the staffing agency, which is considered your general employer, is the one that provides workers’ compensation insurance for temporary workers. When you report an injury, your claim is usually filed through the staffing agency’s insurance carrier. This setup is standard because the staffing agency officially hires you and handles payroll.
However, things are not always that straightforward. If the host company where you’re assigned is also legally considered your employer under the special employment doctrine, that company may also be held responsible. Sometimes, written agreements between the staffing agency and the host company will specifically address who provides coverage. In other cases, both employers may have their own insurance policies.
If there is uncertainty about which policy applies, or if coverage through one employer is unavailable, the host company’s insurer may also become involved depending on the employment and insurance arrangements.
For injured temporary workers, this isn’t something you’re expected to navigate yourself. Once you report the injury, your employers and their insurance companies have to resolve who provides coverage. If delays or disputes arise, you have the right to seek help from the Division of Workers’ Compensation or consult an attorney to make sure you get the benefits owed to you.
When Can a Temporary Worker File a Third-Party Personal Injury Lawsuit?
A temporary worker may have the right to file a third-party personal injury lawsuit if someone other than their employer caused their injury at work. If the host company qualifies as your special employer, this means you would not be able to file a lawsuit against it in most cases; it would not be considered a third party.
Workers’ compensation generally covers injuries arising out of employment and limits lawsuits against the employer or coworkers. However, if a separate company, manufacturer, property owner, driver, or any other unrelated party is negligent, a separate legal claim may exist. Examples include:
- Being struck by a third-party driver while making work deliveries
- An injury caused by a defective machine manufactured or serviced by another company
- A fall or accident on unsafe property not controlled by your employer or the staffing agency
- Negligent actions by workers from a separate subcontractor on a shared job site
In these situations, California law generally allows you to receive workers’ compensation benefits while also suing the responsible third party for additional damages, such as pain and suffering, which is not covered by workers’ compensation.
If your work injury appears to involve negligence or wrongdoing by someone outside your direct employers, you may want to ask a injury attorney in Los Angeles about whether you have a third-party claim in addition to your workers’ compensation benefits. You can always reach out to our firm today to schedule a free consultation to learn more about your options.