The “Dual Employer” Reality in Illinois Construction
Many roofers and laborers in Illinois are employed through staffing agencies or PEOs rather than being direct hires. This creates a legal structure where two different entities may share responsibility for your safety and your benefits.
- The Lending Employer: This is the staffing agency or PEO that handles your paycheck, taxes, and initial placement.
- The Borrowing Employer: This is the roofing contractor or construction company that supervises your daily work on the job site.
In Illinois, both employers are typically responsible for ensuring you are covered by workers’ compensation insurance. If you are injured, you usually file your claim against the staffing agency, but the site contractor may also be held liable if the agency fails to provide coverage.
Staffing Agencies vs. PEOs: Who Responds?
Understanding the paperwork behind your job is critical when a claim is filed.
- Staffing Agencies: Usually provide workers’ comp for staffing companies as part of their service fee to the contractor. They are often the first line of defense for your medical bills.
- PEOs (Professional Employer Organizations): These firms enter a “co-employment” agreement. While the contractor manages you, the PEO provides the PEO workers’ compensation policy.
- Direct Contractors: If you were hired directly by a roofing company without an agency, they are solely responsible for your seguro de compensación de trabajadores.
Jack Epstein, with 30 years of experience in the Illinois legal market, specializes in untangling these complex employment contracts to find the insurance policy with the most coverage for your specific injury.
