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As the holiday season approaches, California businesses require temporary workers to help with demand increases. If you are one of them, you might think that they are not covered by law in case they have an accident on their job. This could not be further from the truth.
Workers’ Compensation is for everyone
From day one, both seasonal and temporary workers have the same rights to Workers’ Compensation as full-time employees. However, they sometimes are misclassified as “independent contractors” to avoid employer liability, But state law can protect them against this.
An individual working for a company is an employee unless they pass the ABC test:
- The worker operates independently from the hiring company when doing the job, according to both the contract and in reality.
- The work they do is not a regular part of the hiring company’s business.
- The worker usually runs their own similar trade, occupation, or business.
For example, if a store hires you for a temporary sales or stock job, they are likely to fail part B, which will confirm you as a protected employee.
Full Coverage vs. Limited Coverage
Depending on your job, you will be covered by one of two systems:
- Full Workers’ Compensation: If you work in retail, warehousing, manufacturing, or construction, you qualify for full California Workers’ Compensation benefits, including unlimited medical care, temporary disability payments, and vocational rehabilitation.
- Limited OAI: If you are an app-based driver (rideshare/delivery), Proposition 22 provides limited Occupational Accident Insurance (OAI), capped at $1 million for medical care without permanent disability compensation.
Both of these systems ensure that you are protected if an incident happens.
The case against retaliation
You might be worried about being let go if you report an accident on the job. This is called retaliation and according to the California Labor Code § 132a it is illegal to fire, demote, threaten you or enforce discriminating behavior. However, this is a separate offense and you will have to file a claim within one year of the incident.
If something has happened to you on the job, remember that your rights are the same as any full-time employee. Contact an attorney to protect your wellbeing.