Can A Temp Worker Sue A Company After An Accident at Work?
Temporary workers are crucial to keeping businesses agile and responsive during busy seasons. However, despite their invaluable contributions to our job protection, they have very little protection from work-related injuries. But what are the laws for a temporary worker in California? Can they sue if they are injured on the job?
Studies have shown that temp workers in blue-collar industries are six times more likely to be injured than permanent employees in the same occupation. This statistic shows the everyday risks they face without the guaranteed safety net of worker’s compensation.
If you’re a temporary worker curious about how you can get compensated for work-related accidents, we’re here to help.
This blog will discuss who qualifies as temporary workers, their rights, and how they can file a claim for injuries they sustained at work. We’ll also explore the Occupational Safety and Health Act and how it protects the interests of employees like you.
Read on to learn how to fight for your right to a safe work environment as a temp worker.
What is A Temporary Worker?
Temporary workers are employees hired for a short period on a project or assignment basis. They’re typically recruited with the help of a temporary staffing agency, which acts as the mediator between the worker and the hiring company.
Hiring temp workers is a cost-effective and flexible way for businesses to meet high demands. It allows them to save more time and money on training and onboarding.
Common Causes of Injury in Temporary Workers
There are plenty of ways an employee can get injured at work. But some are more common than others, such as:
- Accidental falls
- Strain from repetitive motion or stress.
- Electrical burns
- Chemical burns
- Forklift accidents
- Fires and explosions
- Injuries after being struck by or against an object.
These commonplace incidents can lead to serious injuries like whiplash, chronic pain, and even death. With this in mind, you must know how to exert your right to fair compensation after a work-related accident.
Does a California Temporary Worker Have The Same Rights and Laws As Permanent Employees?
Despite the stark difference between permanent and temporary workers, they share the same rights. Temporary staff have the same legal protections as their regular counterparts.
This means you’re entitled to safe working conditions, fair wages, and worker’s compensation for any injuries you’ve sustained while on the job. But which employer should be responsible for providing these benefits?
In theory, staffing agencies should provide coverage for their personnel. However, according to the Occupational Safety and Health Administration (OSHA), staffing agencies and host companies will be jointly responsible for their temp employees.
Once a company decides to hire a temp worker from a staffing agency, they will have a “joint employer” relationship. They then have to decide who will provide what to their staff.
Can Temporary Workers Sue A Company?
Because you have the same rights and laws as any other temporary worker in California, you can take legal action against a negligent company.
If you were injured at a third-party location, like a job placement site, because the firm did not have a safe working environment, you could hold them liable for the accident through a third-party claim.
Third-party claims are standard personal injury claims that can be used in workplace accidents caused by the negligence of another firm or organization. Since staffing agencies are considered the primary employers of temp workers, the hiring company is the third party.
Although worker’s compensation is designed to protect employees from traumatic workplace injuries, it has limitations. It typically doesn’t cover injuries caused by a third party.
The coverage that your staffing agency will most likely not include injuries you’ve sustained while working with a hiring company.
Worker’s Compensation vs. Third-party Claims
The main difference between worker’s compensation and third-party claims is that worker’s comp is an exclusive remedy. Once you’ve claimed worker’s compensation, you can no longer file a lawsuit against the other firm that hired you.
This setup can be extremely limiting, especially if your worker’s compensation doesn’t cover other damages like pain and suffering.
On the other hand, third-party claims are not exclusive. You can pursue further legal action if you believe it is what you need. It allows you to get claim damages that otherwise would not be included in a traditional worker’s comp.
If you want to seek fair compensation for your work-related accident, you must carefully consider which of these claims you want to proceed with.
How to File A Third-Party Claim
Here’s what you need to do to file a third-party claim:
Get Immediate Medical Attention
Before you can file any personal injury claim, the first thing you need to do is to get immediate medical attention. Even if your injuries are relatively minor, you must get medical treatment.
Some injuries don’t manifest until later, and if they’re not treated immediately, they could cause even more damage to your body. Moreover, refusing medical attention could hurt your chances of getting fair compensation.
Insurance companies typically use this to suggest you purposely make your conditions worse to get a bigger payout. With this in mind, getting the proper treatment after the incident is best.
Once you’re able, get the contact information of the hiring company’s insurance provider. You will need it once you start processing your claim.
Hire A Work Accident Lawyer
Finally, you need an excellent work accident lawyer to help you.
Although you can seek legal action independently, third-party claims can be difficult to prove. You will need sufficient evidence to support your claim that the hiring company breached its duty of care and failed to give you the safe working environment you deserve.
With an attorney by your side, you can rest easy knowing that your case is in the hands of an experienced professional.
Get Compensated For Your Injuries Today
Ultimately, temporary workers have the right to receive fair compensation for injuries they sustained at work. If you need help filing a claim, look no further than Adamson Ahdoot.
Adamson Ahdoot is one of California’s leading civil litigation firms. Our team of personal injury lawyers has 100 years of combined experience that allowed them to handle various cases, including third-party claims.
Our work accident attorneys will guide you through complicated legal procedures and ensure you’re fully aware of the different legal options available to you.
To learn more about our services, visit our website here or call us at (800) 310-1606 for a free consultation.
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