This a follow-up Workers' Comp question. The original one is available at the link below:
Based on a contract signed with the staffing agency, the HI-Tech employee referenced is *NOT* INDEPENDENT CONTRACTOR, NOR is s/he referenced as LEASED employee. The consultant/employee works under full control of the client but is paid by the staffing agency based on W-2.
All work/task assignments, reviews, software or hardware tools, equipments, schedules, etc. are made or provided by the client NOT by the staffing agency.
Under CA Workers' comp:
a) Are client and agency both employers?
b) Is s/he a *leased* employee based on a possible contract signed between employers?
c) Is/ s/he a day laborer?
It is not (they are not) really that complicated question(s). All clear, meaningful, and politics-free, replies are very much appreciated. In the contract signed between the consultant/HITech employee and the staffing agency, there is NOT any reference to any *Lease Employment* or her/him as being misclassified as *Leased Employee* by the client and agency during the course of her/his employment! **The details included on the comments made to Atty Shery L Lam is based on the trial transcripts!**
You have a very interesting set of facts. In workers compensation we have terms such as general employer and special emplolyer that are used for this type of situation where both companies are employers. Usually the staffing agency will provide the workers compensation coverage unless they are not insured, where it would then fall on the other company. There are also disputes as to who has coverage when one of the company's insurance has gone bankrupt. As an injured worker, who provides the coverage should not be of issue to you. Based on the facts you give, it sounds like you are likely an employee, but all facts should be taken into consideration and it may be something that ends up in litigation.
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Employment / Labor Attorney
My answer would be the same as before. If you want a response from workers compensation attorneys it would be prudent for you to re-post this in the Workers Compensation practice area instead of the Employment/Labor practice area. While it may seem one would consume the other, Workers Compensation is a very different practice area.
Good luck to you.
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I highly recommend talking to an attorney whose practice includes CA work comp. Likely you have a work comp claim with the agency's work comp carrier, but someone needs to review the contract and also understand what your work duties entailed both with the agency and with the employer who contracted with the agency (assuming they did) for your presence. One way to find a work comp attorney is through the organization California Applicants Attorneys Association.
Best of luck!
Workers' Compensation Lawyer
It sounds like you worked for an agency who was your employer. Your employer then contracted with a company where you went and did work. If you were injured doing this work, you would have a WC claim against the company that hired you i.e. the agency. You could potentially also have a personal injury claim against the company that contracted with your employer but that PI claim would be subject to a credit in the WC claim. You should hire an attorney.
Each state is different however in most a staffing service is the actual employer for workers compensation purposes. In my state, the (place where you work) employer may also be considered an employer for workers compensation in the event that the staffing service doesn't have workers compensation insurance.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.