Chicago Temporary Worker Accident Lawyers
Temporary workers perform much of the manual labor across the nation. Temp help options allow companies to -term projects and avoid providing benefits to workers in the interim.
Workers generally assume that temp agencies are responsible for providing workers' compensation coverage and are liable for injured workers. Still, temporary worker companies often attempt to shift the liability onto the shoulders of their client.
This diversionary tactic could require the injured worker to wait for the two companies to resolve their workplace or construction accident dispute before receiving the care they need.
A Chicago Temporary Worker Injury Attorney can Help
The Chicago workers' compensation lawyers at Rosenfeld Injury Lawyers LLC have represented injured employees to ensure they receive the disability benefits they deserve. We also represent surviving family members seeking wrongful death benefits after losing a loved one in horrific injury cases.
Our experienced attorneys handle work accident cases, workers' compensation claims, and wrongful death lawsuits that involve:
- Permanent partial disability involving lifelong medical care
- Permanent total disability involving ongoing medical treatments
- Temporary partial/total disability
- Vocational rehabilitation
- Employee violations of workers' compensation laws
- Workers' compensation insurance violations
- Workers' compensation case payment denials or delays
Our personal injury attorneys currently handle injury claims throughout Illinois and In the following localities: Cook County, DuPage County, Kane County, Lake County, Will County, Aurora, Chicago, Cicero, Elgin, Joliet, Naperville, and Waukegan.
Temporary Worker Accident FAQs
What Means Temporary Worker?
Part-time work is different than temporary employment, where businesses arrange to hire employees for short-term assignments. Temporary workers receive workers' compensation, but few other benefits to pay all injury-related medical bills.
Typically, any employment position for longer than six weeks is usually considered long-term employment. Temporary positions could last hours, a day, days, or a few weeks.
Why do Companies Hire Temporary Workers?
Many companies hire temporary workers as a useful tool for reducing the cost of staffing during busier times. Temporary workers help relieve overworked or overburdened regular full- and part-time employees that would be more productive working the regular schedule.
Temporary or contract workers are an essential component of business in the United States that offer flexible staffing levels when the company's needs vary. Some businesses hire temporary workers to fill short-term assignments.
What are the Disadvantages of Temporary Job Positions?
There are numerous disadvantages to accepting a temporary job position that might provide only a short-term opportunity, often less than one week. Many temporary workers report that they feel isolated in the workplace and not respected by part-time and full-time co-workers.
While the company often pays more to employ a temporary worker, much of the temp employees' wage earnings are paid to the temporary agency and not the workers.
What are the Advantages of Temporary Employees?
All companies must provide all full-time, part-time, and temporary workers with workers' compensation benefits and pay for overtime. However, businesses enjoy the cost-saving advantages of not providing dental and medical benefits, sick pay, vacation time, and retirement benefits to temporary employers.
What can I do if I got Hurt at Work?
If possible, seek immediate medical attention at the job site and visit an emergency room, if necessary. Next, ensure that the supervisor has been notified of your injuries, the area where it occurred, and the time.
Submit a claim for worker's compensation benefits to ensure you are paid for time off while healing. Consider hiring a personal injury attorney to handle your case to ensure you receive all the benefits you deserve.
What is the OSHA Temporary Worker Initiative?
OSHA (Occupational Safety and Health Administration) developed an initiative focusing on temporary employees to ensure they receive adequate protection in the workplace against hazards and dangers.
Newly enacted OSHA regulations consider the host employer and the staffing agency as the temporary worker's "joint employers."
Studies Reveal Increased Risks for Temporary Workers
Temporary workers are severely disadvantaged because they are not considered employees of the companies or clients paying the temp agency. This designation places the temp worker into a grey area because many of the rights and protections afforded employees are not guaranteed.
Temp 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 states that it is the duty of employers to ensure all employees work in a safe work environment by providing the training and equipment required to reduce the risk of injury.
Temporary workers are not as proficient as full-time employees who have years of experience performing their duties. They often have a short period to learn their functions and are only required for special projects or seasonal work.
Studies have shown that this makes temp workers 50% more likely to be injured, and their status also makes them less likely to report the injury or incident out of fear that the temp agency they work for will refuse to get them to work in the future. Work-related injuries are perpetuated by the fact that the clients these workers work for may mark them not to return due to an injury, and the mark reduces their chances of being selected for jobs elsewhere.
If you or a family member was injured while working as a temp, you are likely entitled to workers compensation benefits. Contact the workers' compensation attorneys at Rosenfeld Injury Lawyers LLC for more information and a free review of your legal rights and options.
In the Debate Over Which Company is Responsible for Workers, the Answer is Both
While temporary workers are indeed not employees, OSHA has stated that temp agencies must ensure that their workers are safe. They need 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 they are aware of a client's unsafe practices, they need to stop sending workers until they are resolved.
The responsibilities of a temp agency's client are to provide the workers with the same training and personal protective equipment they would provide any of their full-time employees and to ensure that temp workers are not exposed to a hazardous work environment.
One of the reasons many temp workers never receive Illinois workers' compensation they are entitled to following a workplace injury is they are unclear about what their rights are in the matter. As workers who are not employees, they may not be guaranteed worker's compensation.
Still, there are legal avenues that can be taken to ensure they recover fair compensation for the treatment of their job injuries and for any permanent or temporary total disability they may suffer.
Resolving Illinois Law Disputes
The legislature formed the State of Illinois Workers' Compensation Commission to resolve a workplace accident and illness dispute between an employee and their employer. 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? Chicago workers' compensation attorneys might prove your case showing that your employer failed to follow the Illinois Worker's Compensation Act.
The Act covers employees who were injured working in another state for an Illinois employer or injured in Illinois 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 injured and treated unjustly. While temp agencies and their clients clash over who should be responsible for making an injured worker whole, that worker is not receiving the specialized care needed to be made whole again.
We can fight on your behalf to ensure that you have a voice, and 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 remain confidential through an attorney-client relationship. Please do not send sensitive information to our law office through voicemail, email, or text message.