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

UPDATED: Oct 3, 2010

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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


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

Answered 12 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.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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