According to the Economic Policy Institute, almost 20 percent of California’s nonimmigrant workers fill temporary roles. This equates to about 300,000 people who drive the Golden State’s booming economy. These valued individuals deserve access to workers’ compensation – a financial safety net that provides compensation for medical expenses, missed wages, and other losses associated with job-related injuries.
If you have suffered an accident at your workplace, you might be wondering if your temporary status will prevent you from accessing workers’ comp. Do you have the same rights as other American workers? How can you fight for compensation? What if your loved one passed away from a fatal accident as a temporary worker? A workers’ compensation attorney for temporary workers can answer these questions, assess your unique circumstances, and guide you toward the compensation you deserve. Book a free consultation with James Koh today to learn more about legal options for injured workers.
Understanding Workers’ Compensation for Temporary Workers
The most important thing to understand about work-related injuries is that workers’ compensation covers all types of employees in California – including temporary workers. Only independent contractors and a few others are not allowed to file workers’ comp claims. The main challenge for many injured temporary workers is determining who is responsible for paying benefits. Unlike permanent workers, temporary workers often have relationships with multiple “employers.” For example, a temporary farm worker may work for an agricultural company while receiving payment through a temp agency.
After an injury, it may not be clear who should handle the workers’ compensation claim. The situation can easily become even more complicated when both the temp agency and the “direct employer” refuse to handle the claim. Your temp agency might tell you to file the claim with your direct employer – and your direct employer might point you back to your temp agency. This can leave temporary workers feeling a little lost.
Who Handles My Workers’ Compensation Claim in California?
California has a clear rule that helps simplify this potential source of confusion. In the Golden State, both your temp agency and direct employer are supposed to share the responsibility of workers’ compensation insurance. This makes both parties responsible for handling your workers’ compensation claim – and it gives you two potential sources of compensation. In many other jurisdictions, there is only one designated party responsible for carrying workers’ compensation insurance (either the temp agency or the direct employer).
Special Employers and General Employers
Although many appreciate the shared responsibility for workers’ compensation, the overall system may prove confusing for temporary workers. If your temp agency and your direct employer are both supposed to carry workers’ comp insurance, then who pays first? Do both parties provide 50% of your benefits each? How do you approach this complicated system of shared responsibility?
California addresses these issues by designating one party as the “general employer” and the other as the “special employer.” In most situations, the general employer of a temporary worker is the temp agency – while their special employer is the company where they actually work. If you receive your paychecks directly from your temp agency (also known as a “placement agency”), then it is probably your general employer. In California, your general employer must pay all of your workers’ compensation benefits.
If your general employer pays 100% of your benefits, then why does your special employer also carry workers’ comp insurance? There are some situations where your special employer pays your benefits instead of your general employer. Sometimes, special employers agree to accept responsibility for workers’ comp via written contracts with temp agencies. If you receive your paychecks directly from your special employer, they might also become responsible for your workers’ compensation benefits.
The Rights and Benefits of Injured Temporary Workers
Temporary workers have the same rights and benefits as most other workers in California. A successful workers’ compensation claim can provide you with numerous benefits.
Paying for Your Medical Expenses After a Workplace Injury
If you had an accident as a temporary worker in California, you should receive compensation for all of your various medical expenses – including the entire treatment process from start to finish. In the immediate aftermath of your accident, first responders might treat you at the scene before transporting you to the nearest hospital via ambulance. You may subsequently undergo various emergency treatments before being released. Over the next few months, you will likely follow up with your primary physician and attend appointments with specialists as instructed. All of these various medical expenses should be fully covered under workers’ compensation.
Travel costs associated with medical treatment can be quite significant for temporary workers. Many temporary workers – especially farm and forestry workers – operate in rural areas. Transportation to the nearest hospital can be difficult, and in some cases, an air ambulance may be necessary. These helicopter rides can cost tens of thousands of dollars.
It is very important to seek immediate medical treatment after a workplace injury in California. If you are wary about the cost of healthcare in the United States, remember that you will not have to pay a single dollar out of your own pocket with a successful claim. Medical treatment also helps you establish the legitimacy of your injuries when negotiating with insurance companies. If you decide to “tough it out” and refuse treatment, insurers might claim that your accident never occurred. Without the medical evidence to back up your side of the story, you might struggle with a denied claim.
Covering Your Missed Wages After a Workplace Injury
A successful workers’ compensation claim can also cover your missed wages as you recover from a workplace injury. With this source of financial support, there is less pressure to return to work too soon. Instead, you can take your time to heal, follow your doctor’s instructions, and follow up with specialists.
Generally speaking, you will receive two-thirds of your weekly earnings during this healing process. The exact amount depends on the nature of your injury and whether it represents a total or partial disability. California capped temporary total disability (TTD) benefits at about $1,600 per week in 2024 – but this value constantly changes based on the rate of inflation.
The duration of these payments also varies depending on various other factors – including the nature of your injuries and the time it takes you to recover. Once you reach maximum medical recovery (MMR), your benefits usually end. Your benefits also automatically end when you return to work. If you have suffered a permanent disability, you may continue to receive benefits for the rest of your life. These permanent disability (PD) benefits only begin when your temporary disability benefits expire. To receive permanent disability benefits, your doctors must agree that you will never work again due to your injuries.
Filing for Death Benefits After a Fatal Workplace Injury
Unfortunately, temporary workers often face serious dangers in California. Some companies specifically hire these workers to carry out the most hazardous tasks – while keeping their own permanent employees safe on the sidelines. If your loved one died while carrying out these hazardous tasks as a temporary worker, you may be eligible for death benefits.
First and foremost, the workers’ compensation system should cover your family’s funeral expenses. You may also receive compensation for any unpaid medical expenses your loved one incurred on their deathbed. Finally, any dependents left behind by the temporary worker may receive various forms of compensation.
For example, your spouse might have died on a California construction site while working as a temporary worker. Having been dependent on their income, you and your children may now face serious economic pressures. As long as your annual income is relatively low, you could be eligible to receive death benefits as a “total dependant.” Children under the age of 18 are always total dependents. Partial dependents (including grandparents, siblings, and in-laws) may also receive death benefits. Although calculating death benefits can be quite complex, many dependents can expect to receive hundreds of thousands of dollars after losing a temporary worker to a fatal accident.
What About Undocumented Temporary Workers in California?
California is one of the few states that recognizes undocumented migrant workers – offering them almost exactly the same rights as normal employees. Even if you are in the country illegally, you can still file a workers’ compensation claim after an accident. There is no incentive to conceal your undocumented status, as neither you nor your employer will face criminal or civil penalties. In other words, you can move ahead with your workers’ compensation claim without any fear of retaliation. The only real downside is that you might not receive the same re-training benefits as other workers. It is important to understand your rights as an undocumented migrant in California, and you might want to discuss this subject further alongside a workers’ compensation lawyer for temporary workers.
Can I Receive Compensation for Emotional Distress?
While workers’ compensation provides you with a solid financial safety net, it has certain limitations. This insurance system does not cover “non-economic damages” such as emotional distress, PTSD, anxiety, loss of enjoyment of life, or other psychological issues. All workers face this limitation, including both permanent and temporary employees. That being said, it may be possible to file a personal injury lawsuit instead of a workers’ comp claim under certain circumstances. A personal injury lawsuit can provide compensation for non-economic damages, and this course of action could be possible if your accident was caused by a negligent third party. You may want to discuss this topic further alongside a qualified attorney in California.
The Process of Filing a Workers’ Compensation Claim
While temporary workers have the same rights as other workers, they also must follow the same process when filing their workers’ compensation claims. This process may seem complex at first – but it becomes easier when you work alongside a workers’ compensation lawyer for temporary workers.
Report Your Accident
The first step is to report your workplace accident to your employer. You should do this within 30 days of the incident – but sooner is always better. Consider filing your report as soon as you are physically able. Each employer might have a slightly different process when it comes to reporting workplace injuries. Be sure to review their unique policies and procedures. If they lack any official policy or form for reporting accidents, you can work with your workers’ comp lawyer to draft an injury report. Always put your report in writing – and avoid any face-to-face or telephone conversations. These verbal reports are not “official” in the eyes of California employment laws.
Some workplace injuries may be more obvious than others. For example, you might fall down an elevator shaft while working on a construction site. Your employer may become aware of this accident immediately, and while you still need to file a report, you might not necessarily need to notify your supervisor afterward. On the other hand, many injuries are far more subtle. For example, you might become aware of a neck injury caused by repetitive strain only after getting home from a day of farm work. You might also receive a mesothelioma diagnosis years or even decades after asbestos exposure. In these situations, your accident report may become very important – as your employer may not be aware of your injuries.
Seek Medical Treatment
Follow up with medical treatment after your initial emergency room visit. Depending on your injuries, this healing process may take weeks, months, or years. Some injuries never truly heal and end with permanent disabilities. You may want to collect medical receipts, request copies of your records, and ask for doctors’ notes. Depending on the nature of your injuries, some medical documents may be more useful than others. For example, an X-ray may help illustrate the severity of a fracture, while a CT scan can highlight the extent of a traumatic head injury.
If you fail to seek medical treatment, you may encounter serious challenges as you pursue compensation. First of all, it is important to get help from licensed, professional doctors. Alternative medicine practitioners may fail to adequately document or diagnose your injuries according to California employment laws. You should also seek medical treatment as soon as possible, and unreasonable delays could cast doubt on the legitimacy of your injuries. Remember, insurers will look for any possible reason to avoid paying your benefits.
Complete Form DWC-1
After you report your injury to your employer, they are legally obligated to provide you with Form DWC-1. Even if you are receiving treatment at a hospital or recovering at home, your employer must make a reasonable effort to put the form into your hands. Once you receive your DWC-1 Form, you can begin to fill it out. Most temporary workers will find this an easy task, and the form only requires you to provide basic information. Your workers’ compensation lawyer for temporary workers can help if you require assistance.
Once you have completed the form, you will need to give it back to your employer. In return, they should provide you with a special receipt. This “Employee’s Temporary Receipt” may prove to be important, and you might want to keep it somewhere safe. After you provide your employer with Form DWC-1, they become responsible for the next few steps. Be prepared for delays as you wait for updates regarding your claim. Your attorney can guide you through the next steps.
Appeal if Necessary
If all goes well, you will receive confirmation that your claim has been approved. You should begin to receive benefits soon thereafter, and you can continue with medical treatments without worrying about excessive costs. During the next few weeks and months, you may need to take a few additional steps – especially if you discover permanent disabilities after reaching maximum medical recovery.
On the other hand, you may receive notification that your claim has been denied. Although this may seem like a daunting prospect, you should know that workers’ comp claims are routinely denied. Many temporary workers eventually receive compensation after successfully appealing their denied claims – and this is not necessarily the “end of the road.” In fact, you can take your appeal all the way to the Supreme Court before finally abandoning your claim.
If your claim has been denied, it becomes even more important to work with a qualified, experienced workers’ compensation lawyer for temporary workers. Your attorney will first determine why your claim has been denied. Although insurers are legally required to explain their logic in clear terms, you may have no idea why this happened. Next, your lawyer can execute various strategies to help you get the compensation you need. For example, an employer may have misclassified you as an independent contractor – and your lawyer can show that you should have been designated as an employee instead.
Contact a Workers’ Compensation Lawyer for Temporary Workers
While California protects temporary workers, fighting for your rights can prove to be an arduous legal battle. You may face various challenges along the way from insurance companies, employers, and the legal system itself. Team up with a workers’ compensation lawyer for temporary workers, and you can face these potential roadblocks with confidence. Even if your workers’ comp claim has already been denied, your lawyer can push back with an effective appeal. If need be, they can even take your case to the highest courts as they pursue fair compensation on your behalf. Online research is only the first step. To take decisive action, book a consultation with James Koh today.
FAQs on Workers’ Compensation for Temporary Workers
Many temporary workers have similar questions about workers’ compensation in California. Here are a few examples:
1. Who pays for workers’ compensation insurance for temp workers?
Both your temp agency and your direct employer should theoretically carry workers’ compensation insurance. Many injured temp workers turn to their direct employers for compensation, as California requires all employers to carry workers’ compensation insurance for permanent and temporary staff.
2. What is the maximum temporary disability rate for workers’ compensation?
The maximum temporary total disability (TTD) rate changes each year based on inflation in California. In January of 2024, California increased the TTD rate to a maximum of $1,619.15 per week.
3. How long does it take to receive benefits after filing a workers’ compensation claim?
If you incur more than three days of missed wages, you should expect to receive benefits on the fourth day. You should also receive access to medical treatment after one working day of filing a claim with your employer. That being said, it might be worth waiting until your Maximum Medical Improvement (MMI) before pursuing full compensation for long-term disabilities or impairments.
4. What are the rights of a temporary employee in California?
Generally speaking, temporary employees have the same basic rights as other workers in California – with a few minor exceptions. Perhaps most notably, they do not get access to vacation pay or health insurance. Temp workers must receive regular payments, minimum wage, and overtime. You also get guaranteed meal breaks, paid sick time, retirement benefits, and unemployment benefits. You have the right to sue for wrongful termination. Perhaps most importantly, your employers have a legal duty to provide you with a safe workplace. Finally, you are protected against all forms of discrimination by both state and federal laws.
5. What is the 90-day rule for workers’ comp in California?
The 90-day rule in California states that once you file a workers’ comp claim, the insurer must respond within 90 days. They can either approve, deny, or extend the claim. If they fail to take any of these actions, your claim is automatically approved.
6. Who is not covered under California workers’ compensation law?
Independent contractors (otherwise known as 1099 workers) are exempt from California’s workers’ compensation requirements. Other exempt parties include business owners, certain domestic workers, volunteers, deputy sheriffs and clerks, amateur sports officials, and anyone who receives food and shelter in lieu of payment. That being said, “misclassification” is a common offense among employers. Even if it seems like you fall under these classifications, you may still be eligible to file a claim.
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If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
