Workers’ Compensation for Warehouse Employees: Who’s Responsible, the Staffing Company or Employer?

Warehouse jobs are physically demanding and often come with a higher risk of injury. For warehouse employees hired through staffing agencies, understanding workers' compensation for warehouse employees can be tricky. This begs the question: Who is responsible for covering your medical bills and lost wages, the staffing agency or the warehouse employer? In California, the answer often involves both employers. But it can get complicated. Here is what you need to know about these complex situations. 

Getting Workers’ Compensation for Warehouse Employees with Dual Employers

California law recognizes a "dual employment" relationship when a worker is employed by a staffing agency (general employer) and placed at a warehouse company (special employer). Both the staffing agency and the warehouse company can share responsibilities and rights over the employee, meaning they are jointly and separately liable for workers' compensation benefits.

Related Article: Navigating the Workers’ Compensation Process: A Guide When Your Claim is Accepted

Legal Basis

Under California law, cases like Lopez v. MVP Hydratech, Inc., Villanueva v. Prime Labor, Inc., and Angelotti v. The Walt Disney Co. have established that when both a general and special employer have the right to control the employee's work, they both share liability for workers' compensation. Even if the staffing agency technically "employs" the worker, the warehouse company's direct supervision and control of daily tasks make it a special employer.

Who Pays Workers' Compensation?

If you’re injured on the job, you can file a workers’ compensation claim against either or both employers. For example:

• The Staffing Agency: As your general employer, the staffing agency is likely the primary party listed on your workers' compensation claim because they technically hired you.
• The Warehouse Employer: As your special employer, the warehouse company also bears responsibility if they directly supervised your work and controlled your activities.

In many cases, these two entities have agreements determining who will provide workers’ compensation coverage. However, even without such agreements, both employers remain legally responsible for workers’ compensation for warehouse employees.

Related Article: Hurt on the Job? An Attorney from SoCal Workers Comp Can Help

Your Rights as an Injured Worker

If you are a warehouse worker injured on the job, here’s what you need to know:

1. Filing a Claim: You can file a workers’ compensation claim against either your staffing agency, the warehouse company, or both.
2. No Double Coverage: While you can claim against both employers, you won’t receive double benefits. Instead, the responsibility for your benefits will be shared between the two employers.
3. Exclusivity Rule: California’s workers' compensation system bars you from suing your employers for personal injury. Instead, you are entitled to medical care, wage replacement, and other benefits through the workers' compensation system.

Related Article: Understanding Repetitive Strain Injuries in California Workers’ Compensation

Determining a "Special Employment" Relationship

A key factor in determining liability is whether the warehouse employer controlled your work. Courts consider factors like who directed your tasks, provided tools, and had the power to discipline or terminate your work. Cases like Calderon v. Unified Protective Servs. and Kowalski v. Shell Oil Co. emphasize this control as the basis for a special employment relationship.

What to Do If You’re Injured

If you’ve been injured while working in a warehouse, you don’t have to navigate this complex process alone. Both the staffing agency and the warehouse company are responsible for ensuring you receive benefits, but disputes can arise over who pays workers’ compensation for warehouse employees. This is where experienced legal guidance becomes essential.

Related Article: The Consequences of Amazon’s High Workers’ Comp Claims

Do You Need Help Getting Workers’ Compensation for Warehouse Employees? Contact SoCal Workers' Comp Attorneys Today

If you’re unsure about your rights or need help with your claim, contact SoCal Workers' Comp Attorneys. Our experienced team understands the complexities of workers' compensation for warehouse employees and will fight to ensure you get the benefits you deserve.

Call us today at 714-886-7365 for a free legal consultation, or visit our contact page. Don’t let confusion or delays keep you from the compensation you need to recover and move forward.

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