Workers’ Compensation for Temporary Workers

According to the US Bureau of Labor Statistics, the number of people employed by temporary agencies has increased by an average of 21,000 new temporary jobs a month. In April 2013, there were over 2.66 million temporary employed workers and that number has only gone up since then.

The vast majority of these temporary workers are manufacturers, unskilled laborers, and day laborers, the type of physical labor that can lead to accidents and workplace injuries.

Many businesses are increasing their use of temporary workers in order to save costs. Temporary workers do not receive benefits, insurance, a 401k, and are often paid the lowest wage scale. However, temporary workers that are injured on the job may still be eligible for Workers’ Compensation.

Injuries and temporary workers

When a temporary worker is injured on the job, he or she can file an Application For Benefits with the Illinois Workers’ Compensation Commission against both the temporary agency and the company where he or she was injured. Under the legal theory of Joint and Several Liability, both parties are equally responsible for the injury.

This means that if the temporary agency goes out of business, the company where the injury took place would be responsible. If the company where the injury occurred goes out of business, the temporary agency would still be responsible.

Workers injured during transportation to a temporary job may also be entitled to Workers’ Compensation Benefits, but there are a number of factors involved.

If the temporary agency employee drives a worker to the temporary job, and an injury occurs during transportation, the temporary agency is responsible. If the agency arranges for a ride share between workers going to the same temporary job and an injury occurs during that ride, the company may also be responsible for the injuries of everyone involved. However, if a temporary worker is injured while transporting himself or herself to the temporary job, the agency is not liable.

Contact the Epstein Law Firm with any further questions and download the Illinois Workers’ Compensation Handbook for more information about workman’s compensation law.

Image courtesy of Praisaeng / FreeDigitalPhotos.net.

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