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Can contract or temporary workers file a workers’ comp claim?

On Behalf of | Dec 30, 2023 | Workers' Compensation

In the dynamic landscape of California’s workforce, many individuals find employment through temporary or contract positions.

These workers contribute significantly to various industries. When an injury occurs on the job, questions arise about their eligibility for workers’ compensation benefits

Understanding eligibility

To be eligible for workers’ compensation in California, an injured worker generally needs to hold a classification as an employee. While permanent employees are typically covered, the status of temporary or contract workers may vary. In most cases, if the employer has control over the worker’s tasks and how to perform them, the injured worker may qualify for benefits.

Determining employment status

Employment status plays an important role in workers’ compensation eligibility. If a temporary or contract worker is an independent contractor, workers’ compensation may not cover them. The distinction between an employee and an independent contractor is not always clear-cut. Factors such as the level of control the employer has over the worker and the nature of the work performed are important considerations.

Notifying the employer

When a workplace injury occurs, prompt notification is a necessity. Regardless of employment status, all workers must report injuries to their employer as soon as possible. Delaying reporting may jeopardize the chances of receiving workers’ compensation benefits. Timely communication ensures that the employer is aware of the incident and can initiate the claims process.

In 2022, 2.8 million workplace injuries and illnesses occurred across the country. For contract or temporary workers injured on the job, staying informed and taking appropriate steps can maximize their chances of receiving the benefits they deserve.