As a temporary contract employee, am I able to file a worker’s comp claim while on the job?

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As a temporary contract employee, am I able to file a worker’s comp claim while on the job?

I am experiencing severe pain from siting too many long hours in front of a computer. My issues are lower back pain, neck, shoulder and wrist from seated and continuous, repetitive computer work. What happens if I place a claim, can I leave work (after my contract expires) without retaliation form employer? (After my contract expires, I am on a week-to-week type of employment.)

Asked on October 3, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Although you have tried to give the information that you think is important here, it is best if you take your agreement to an employment attorney in your area to review.  How you are termed under the agreement will determine what rights you have in this matter. From what you have said - that you have a contract for a set term - you can leave after that term if there are no other restrictions.  As for worker's compensation, temporary employees may or may not be covered.  That depends on state law.  Some states do indeed require it in some form (either under the regular policy or one especially for this class of employee).  Good luck.  


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