Workers’ Compensation Claims for Temporary Workers

Temporary (also known as “temp”) workers perform much of the manual labor across the nation. Temp employees are workers assigned to a business to fill a temporary role by a staffing agency.

Typically, companies that hire temporary workers can help complete long-term projects and avoid the responsibility of providing benefits and insurance coverage to workers in the interim. Day laborers and seasonal farmhands are some examples of temporary workers.

Call our Chicago workers’ comp lawyers today for a free case evaluation of your temporary work injury, and let us help you recover physically and financially. All confidential information you share with our personal injury law firm remains private through an attorney-client relationship.

Temp employees generally assume that the staffing agencies are responsible for providing workers' compensation coverage and are liable for injured workers. However, the company that the temp worker reports to is not required to carry workers’ compensation coverage for them unless they are direct-hire temporary workers.

While temp agencies and their clients (employers) often clash over who should be responsible for making an injured worker whole. During that time, the injured temporary worker is not receiving the specialized care needed to be made whole again.

Sole proprietors and limited liability companies may exempt themselves from the responsibility of providing workers’ compensation coverage to protect their workers.

A temporary staffing agency may attempt to shift the liability onto their client's shoulders or even convince the temporary worker that they do not need to file a workers’ compensation claim if they are injured.

These diversionary tactics could require the injured temporary worker to wait before receiving the care they need or cause them not to report their workplace injury and never receive the compensation they deserve.

A Personal Injury Attorney Can Help an Injured Temporary Worker

Nearly all businesses must maintain a workers’ compensation insurance policy to protect their workers. It covers medical expenses and lost wages due to contracting an illness or being injured on the job.

The law requires any business with more than 20 employees to carry coverage. Whether you are a permanent employee or not, you deserve to be protected and covered by your employer.

The Chicago temporary employees’ compensation lawyers at Rosenfeld Injury Lawyers LLC have represented many eligible injured workers who came to seek legal advice regarding their workers’ compensation coverage.

We also represent surviving family members seeking wrongful death benefits after losing a loved one in horrific accident cases and make sure employers are held responsible for their negligence.

Our experienced attorneys handle work accident cases, workers' compensation claims, and wrongful death lawsuits that involve:

• Partial or permanent disability involving lifelong medical care
• Permanent total disability involving ongoing medical treatments
• Vocational rehabilitation services
• Employee violations of workers' compensation laws
• Workers' compensation insurance violations by employers
• Workers' compensation case payment denials or delays

Our Chicago personal injury lawyers currently handle accident claims throughout Illinois and in the following localities: Cook County, DeKalb County, DuPage County, Kane County, Lake County, Will County, Aurora, Chicago, Cicero, Elgin, Joliet, Naperville, and Waukegan.

Studies Reveal Increased Risks for Temporary Workers

Temporary workers are severely disadvantaged because they are not considered employees of the company or client paying the temp agency and are not covered by workers’ comp insurance. This designation places the temporary employee in a gray area because they may not be eligible for the rights and protections afforded to permanent employees.

Temporary workers are far more likely to be injured on the job than their employed counterparts due to the widespread use of temp labor for dangerous projects. OSHA (Occupational Safety and Health Administration) states that employers must ensure all employees work in a safe work environment by providing the training and equipment required to reduce the risk of harm.

Temporary workers are not as proficient as full-time employees who have years of experience performing their duties. Frequently a temporary employee only has a short period to learn their functions and is only required for special projects or seasonal work.

Studies have shown that this makes temporary employees 50% more likely to be injured. Their status makes them less likely to report the injury or incident out of fear that the staffing agency they work for will refuse to assign them to work in the future.

Work-related injuries are perpetuated because the company that employs these workers may mark them as not returning to the job due to an injury. The mark reduces their chances of being selected for temp employment elsewhere.

Which Company Is Responsible for Workers

While temporary workers are not regular employees, OSHA has stated that temp agencies must ensure that their workers are safe. The employer needs to be aware of the requirements to perform each job, the risks involved, and what equipment their workers need to be provided to ensure their safety.

If the staffing agency is aware of a client's unsafe practices, they need to stop sending workers until all dangerous issues are resolved.

A temp agency's clients (the employers) are to provide the workers with the same training and personal protective equipment they would provide any of their full-time employees and ensure that temporary employees are not exposed to a hazardous work environment.

One of the reasons many temporary employees never receive the workers' compensation they are entitled to following a workplace injury is that they are unclear about their rights.

There are legal avenues that can be taken to ensure you recover fair compensation for the treatment of your job injuries and for any permanent or temporary total disability you may suffer.

Resolving Worker Compensation Disputes

The legislature formed the Workers' Compensation Commission to resolve workplace accidents and illness disputes between employees and employers. Initially, an arbitrator will attempt to resolve the case to avoid moving the case to a three-commissioner panel.

Were you injured working in another state for your Illinois employer? Our Chicago workers' compensation attorneys might prove your case by showing that your employer failed to follow the Illinois Workers’ Compensation Act.

The Act covers employees who were hurt working in another state or injured working for an out-of-state employer. A claim filed with an insurance company could cover all medical expenses for any work-related injury or an accident that accelerates or aggravates a pre-existing physical condition.

Contact a Temporary Workers’ Compensation & Injury Lawyer

Rosenfeld Injury Lawyers LLC is a strong advocate for those who have been seriously hurt and treated unjustly.

We can fight on your behalf to ensure that you have a voice and that your rights are taken seriously. Contact our law firm today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation.

All discussions with our law firm involving confidential or sensitive information remain private through an attorney-client relationship.

Resources:

• OSHA - Temp Worker Protections