my son was working through a temp. agency, he was sent to a company to work on their way to make deliveries the driver lost control of the truck and my son was hurt, in the beginning the insurance company said don't worry he's covered but now they're saying he's a special employee and everything falls under workers compensation. I need some help researching trials involving this.
Optional Information: modesto, CaliforniaAlready Tried: looking up information on-line, but I don't exactly know where to look
There may be more of an issue here involved then the term "special" employee may lead you to think, the term "special employee." The following CA government website discusess cases involving "special employees" - https://www.dir.ca.gov/dwc/educonf13/CaseLaw/SignificantReportedDecisions2005.pdf
Also, a part of the issue may be the fact that when a person works through a temp agency they can be considered either the employee or independent contractor of the temp agency OR the employee or independent contractor of the company who hired the temp agency employees. As you can see, that may have an effect on who is covered by insurance or workers compensation, and whose insurance or workers compensation they are covered by.
Because such cases tend to involve arguments about (1) whether a person is an employee or independent contractor under first their temp agency agreement/job description; (2) then there can be an argument between the temp agency and the company who hired its employees about who is liable and what their contracts say; (3)there may also be the issue that, perhaps, regardless of who your son was employed by, if he was injured through the negligence of another company employee, then the company may be liable anyway; (4) and others; you should try to find an attorney who can help you or your son in this matter. Also, insurance companies may often claim it is not their liability, when, in fact, it may be, and, again, an attorney will need to be able to help you through this, and it is possible that your son may be due compensation under both workers compensation (as he was injured while working) but also, perhpas, under the company's insurance due to their employees negligence (if there was any). All of these issues need to be discussed with a CA attorney so that you are made fully aware of your rights and options.
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