Visitor Question

Do I get benefits as a temporary employee?

Submitted By: Roberto (Baldwin Park, CA)

I have been working with a company on an as-needed basis. I used to be a full time permanent employee and have continued to keep a good relationship with the owner and management, which has allowed us both to benefit from each other. I worked for this company from 1993 to 2007 from warehouse to data entry to customer service, basically wherever I’ve been needed.

For instance, since it has downsized dramatically there is only one employee for each position (customer service rep/warehouse shipping and marketing). It’s a multimedia DVD documentary company based out of CA. So when they receive a lot of orders via internet or through the toll free 800 number I am sometimes called in to work and help with either data entry or warehouse shipping.

On November 12, 2013 around 10:15am I was working at the warehouse as a picker and some of the merchandise needed to be restocked and or moved. That merchandise is only accessible through a platform ladder which by the way I have used numerous times. This particular day the platform ladder did not hold straight and managed to start rolling from under my feet, and before I knew it I was looking at the ceiling on my back on the floor.

I do remember trying to catch my fall and jump off this ladder but I only managed to put out one leg. My left foot is now in complete pain as well as the rest of my body that hit the floor. Here’s my question, am I still a candidate or eligible for workers comp and benefits as a temporary part time employee? Thank you in advance for your great attention.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Roberto,

The State of California’s Department of Labor Relations provides an excellent source for understanding the procedures for filing a workers compensation claim. In California, if you were employed for at least fifty hours and earned a minimum of one hundred dollars during the preceding ninety day period before your injury occurred, you are entitled to workers compensation benefits.

There is an exception. If you were working part-time and were directly and exclusively employed by a separate independent temporary staffing company, that staffing company will be responsible for providing your workers comp benefits. From the facts you present it appears you were employed directly by your original employer, and not an independent staffing company.

Make sure you notify your supervisor or employer. Ask for a “Form 41” on-the-job injury form. Filing the form will initiate your injury claim process. Once you file your injury claim you will be able to seek medical care from a company approved physician.

This physician is referred to as your “primary treating physician.” Your primary treating physician will conduct an initial medical evaluation and if necessary, refer you to another doctor or therapist to help treat your injuries.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 14, 2013

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