Workers’ Compensation And Temporary Employees

There are currently around 4 million people working as temporary employees in the United States. That number is expected to grow as two in five companies will look to employ temporary staff this year. With so many temporary employees, it’s important to understand how workers’ compensation applies to temporary staffing so that both employees and employers are protected.

Do Temporary Employees Qualify For Workers’ Compensation?

Yes, temporary employees do qualify for workers’ compensation under both Florida state and national law. Temporary employees are considered to have a “joint employer,” which is a way of describing the relationship between the placement agency and the client company that has hired them temporarily. Typically the responsibility of carrying workers’ compensation falls to the placement agency. However, client companies can still be sued under their general liability coverage in the case of accident injuries, cumulative trauma, and occupational illness. Ultimately both joint employers could be responsible for compensating an injured employee.

Protections For Employers

If you are an employer staffing temporary employees, you need to make sure you are protected against excess liability. The first thing you need to do is ensure that your temporary employees are correctly classified. Any employee working over 30 hours a week or over 130 hours every month may be viewed by the courts as a full time employee, regardless of company classification. If you misclassify your employees with your insurance company, you could end up paying big on a workers compensation claim.

Next, you need to make sure that you negotiate with the placement agency to make sure they are covering the worker’s compensation. You can work language into the contract with the placement agency to limit your liability. For example you can negotiate that the placement agency takes full responsibility for any workers’ compensation claim. Employers should never assume the placement agency bears full responsibility and instead, you should work with your legal team, insurance company, and the placement agency to figure out a fair way to limit your liability.

Protections For Employees

If you are one of the millions of temporary employees working in the United States, you need to make sure that you know who is liable for your injuries. When you are initially placed with a company or while negotiating your temporary contract for a position, make sure you learn who is responsible for workers’ compensation. This is extremely important in high risk jobs like construction, medical fields, or any other position with a high exposure rate to danger. If your placement agency cannot or will not inform you of who is responsible for your workers’ compensation, then you should consider passing on the job. Regardless if you are a temporary employee or not, your health and well being should never be put at risk by any employer.

What To Do If You’ve Been Injured As A Temporary Employee

If you’ve been injured as a temporary employee, you need to follow the basic workers’ compensation rules. In Florida, you need to notify your employer within 30 days of receiving the injury or 30 days of being diagnosed with a work-related illness. You should notify both your placement agency and your client company. Depending on your hiring agreement, either one or both of the companies should provide you with a form to fill out. If they do not, you can get this form from the Employee Assistance Office of the Florida Department of Workers’ Compensation. Either one or both of your employers should proceed with the claim.

When To Hire An Attorney

The fact is most employees have an uphill battle when pursuing a workers’ compensation claim. This is especially true with temporary employees as often times client companies are hiring temporary employees to avoid paying for benefits. So if you’ve been injured or developed an illness, it is really important to hire an attorney. An experienced attorney, like the dedicated, knowledgeable staff at All Injuries Law Firm, will be able to interpret the contracts and help determine who is actually liable for your injury. They will also help you pursue your claim and appeal any denial. So if you’ve been injured as a temporary employee, contact us today. We will set up a free consultation and help you get the compensation you deserve.