Hurt at a Temp Agency or Seasonal Job? Who Covers Workers’ Comp in California

Who covers temp agency workers comp California when you get hurt on the job

A staffing firm may send you to a warehouse, a plant, a farm or an office for a week, a season or a single shift. If you get hurt, it can be hard to know which company should carry the claim. Temp agency workers comp California coverage can still exist in that situation, even when two businesses take part.

The Division of Workers’ Compensation makes a basic point that people often miss. You may be eligible for benefits even if you are a temporary or part-time worker. Immigration status also does not cut off most workers’ compensation benefits.

Why there may be two employers

A temp or staffing agency is often the company that hired you, paid you and sent you to the job. The worksite company directs the work you do that day. In many claims, both companies have a role, and either or both may have insurance that relates to the injury.

Which insurer pays can depend on the agreement between the two companies. You should not have to guess that arrangement from a paycheck stub alone. Report the injury to both, and ask each one in writing who carries the workers’ compensation policy for the work you were doing.

A label on a time sheet does not end the question. Some people hear that they are seasonal, on call or temporary and therefore have no coverage. You should check that statement against how you actually did the work, and against the duty of an employer to have coverage.

Report the injury to both companies

The Division of Workers’ Compensation injured worker page says you should report the injury as soon as possible. If you don’t report your injury within 30 days, you could lose your right to receive workers’ compensation benefits. Prompt notice also helps avoid delays in medical care.

Tell the staffing agency and the worksite supervisor, in writing if you can. Include the date, time, place and a short description of what happened. Keep a copy of the email, text or letter, and write down the name of each person you told.

Get emergency care first if you need it. Tell the medical staff that the injury is job related. Follow up with both companies as soon as you are able, so a missing report does not delay the claim.

The claim form and early medical care

The Division of Workers’ Compensation claim form page says your employer must give or mail you a claim form within one working day after learning about your injury or illness. If the employer does not give you the form, you can download it from the DWC website or contact the Information and Assistance Unit.

Complete the employee section and return the form. The same official page states that within one day of filing a claim form, your employer must authorize appropriate medical treatment. While the employer is deciding whether to accept or reject the claim, you may receive up to $10,000 in medical treatment.

If you have filed a claim form and the employer does not deny the claim within 90 days, the law presumes coverage for the injury. That presumption remains open to a later challenge with evidence found after that period. File the form even if someone at either company says the other company will handle it.

Benefits and the next step after a denial

The Division of Workers’ Compensation benefits page outlines medical care, temporary disability, permanent disability and other benefits that may be available after a work injury. The exact benefits depend on the injury, your wages and whether the employer accepts the claim. A delay or a dispute between two companies can stall those benefits if you do not file the claim and follow it.

Ask each company for the workers’ compensation insurer name and claim number. If one company says you worked for the other, get that statement in writing and still file the claim form. A gap between the two answers is a reason to get help, not a reason to wait.

Warehouse, outdoor heat or return to work questions may overlap with this kind of claim. Our warehouse worker injury page and our page on steps to take after a workplace injury in California cover those topics in more detail.

If someone calls you an independent contractor

Some staffing or seasonal jobs carry a contractor label. That label does not always decide coverage.

A separate post on gig and delivery drivers and workers’ comp in California discusses contractor status and app based work in more detail.

For a temp or seasonal placement, start with the staffing agency and the worksite company anyway. Report the injury, request the claim form and ask who has the policy. You can review contractor arguments after you document those first steps.

Talking with Mehlhop & Vogt Law Offices

A temp or seasonal job should not leave you without a way to report an injury or request care. We help injured workers understand their claims, address benefit disputes and pursue the medical care and wage replacement benefits available under California law. Your initial consultation is free.

Mehlhop & Vogt Law Offices is in Sacramento and helps injured workers in Sacramento and surrounding Northern California communities. Bart L. Mehlhop is a Certified Specialist in Workers’ Compensation Law, certified by the State Bar of California Board of Legal Specialization. You can learn more on our workers’ compensation practice page or contact us.

If you suffered an injury on a temp or seasonal job in the Sacramento area, call (916) 866-9561 for a free initial consultation.

The information here is general information about California workers’ compensation law, not legal advice. Reading it does not create an attorney-client relationship. Rules, forms and benefit amounts can change, so confirm the current requirements for your claim.

This is advertising for Mehlhop & Vogt Law Offices. We promise no result, and past client experiences do not guarantee a similar outcome. Specialist wording above refers only to Bart L. Mehlhop and names the certifying body.