Can Temps Receive Workers’ Comp?

Temporary workers, or “temps,” are people who sign short-term work contracts. They work usually work on a specific job for a specific amount of time. When the contract is over, the company may choose to hire them full time, but it often lets them go.

Temps are not usually offered a full benefits package. In fact, that’s one of the main reasons employers use them. It costs less money to pay someone only by the hour.

Since temps don’t have as many benefits, they may have questions about which benefits they do have. For instance, temps may wonder about their access to workers’ compensation.

By law, employers must protect their employees, regards of that worker’s status in the company.

OSHA Regulations

The Occupational Safety and Health Administration, or OSHA, is a federal agency. It works as part of the Department of Labor to create nationwide regulations for workers and their employers.

OSHA demands that temps receive the same safety protections as any other worker. Staffing agencies, who regularly send temps out on jobs, and host employers, the organization that employs the temp, are jointly responsible for these safety requirements.

This is good news for any worker, especially those who take contracts at high-risk jobs. They can rest easy, knowing that workers’ comp will be available in case of an on-the-job accident.

Other Benefits for Temporary Workers

Temp worker rights vary from state to state. California has a reputation for being particularly protective of workers. Temps have far more advantages in this state than they do in many others.

In California, temps are entitled to:

  • Paid sick days
  • Unemployment
  • Regular breaks and a lunch period
  • Both minimum wage and overtime pay

Attempts to Block Workers’ Comp

Workers’ compensation is an insurance benefit. Therefore, it is subject to many of the same problems as any other insurance program. Insurers have a bad reputation for denying necessary benefits. An insurance company’s very business model demands taking in as much money as it can while spending as little as possible.

Insurers often use any excuse to deny compensation, even to the point of making illegal or illogical claims. They may try to use your temporary worker status against you, claiming that you are ineligible for benefits.

You should always include a lawyer when seeking workers’ comp. At the beginning of the process, they can help you manage the paperwork and filing, which can be overwhelming. Your request must make a compelling argument for compensation, and an attorney can help you properly word these pleas.

If you are denied, your attorney can work on your appeal. There are many steps to this process. It starts with more pleas and paperwork. When that doesn’t work, you enter a courtroom-like environment where you can present evidence, witnesses, and so on. A lawyer’s help will be invaluable at this point. They can use their skills to build your case and help you get the benefits you deserve.

Our firm is here to help you with workers’ comp. For a free consultation, contact us online or call us at (714) 909-2609.

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