Which Employer Is Responsible for Workers' Compensation?
In the State of California, most temporary agencies carry workers’ compensation insurance for any injuries that occur by one of their employers no matter what the job site or assignment is. However, if the temporary agent does not have workers’ compensation insurance, the location and employer of that location will be responsible for providing benefits to the injured worker. All employers in California are also required to provide coverage for workers, whether they are part-time, temporary or permanent full-time workers.
If the employer directly hires a temporary workers without a temp agency, then the employer is responsible for workers' compensation coverage.
What if both the temp agency and employer carry insurance? In most cases, the temp agency would be responsible for paying out workers' comp, although exceptions do apply.
When it comes to temporary workers who are injured on the job, problems can arise where insurance companies points the finger of responsibility at each other. Determining which party to pursue a claim with can be complex and confusing. You should talk to our attorneys about your unique situation and the best possible course of action.
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Some employers may dispute the definition of employee and claim that you were not an employee, thus disqualifying you from workers' compensation benefits.
If you work for a temporary agency you should contact a competent attorney immediately. This is one of those circumstances where the injured worker will have great difficulty obtaining benefits they’re so entitled without representation.
If you have any questions about workers’ compensation insurance or need representation, please call our Orange County workers' compensation attorneys today. We provide free consultations and can travel to you, at your home, hospital, or anywhere convenient for you. We also answer call 24/7 so don't hesitate to call us day or night.