Many people work for temporary staffing agencies that assign them to employers for day-to-day or short-term employment. The risks of a workplace injury are just the same for such a temporary worker as a permanently employed person at the workplace. In fact, the chances of being injured may even be a little higher for temporary workers as they may not be as familiar with the layout of the workplace and safety procedures as workers who have been working there on a permanent basis. If a temporary worker is injured while at work, who is responsible for paying workers’ compensation payments? Should the worker have their own insurance? Should the temporary staffing agency be the one to cover the staff on their books, or should it be the employer who the staffing agency sends the temporary worker to? Workers’ Compensation Benefits Explained Nearly all U.S. employees are covered by their employer’s workers’ compensation insurance arrangement. Every state is slightly different and some are more generous than others, but in general, if you work for any employer that employs more than 1 or 2 employees and you are not a private contractor you should be covered. Most employers do in fact take out workers’ compensation insurance. It prevents employees from suing them if they are injured at work if it can be proved that the injury was caused by the employer’s negligence, such as lack of provision of a safe working environment or improper safety training or gear. A successful workers’ compensation claim typically leads to full payment of approved medical treatment and a percentage of lost earnings, normally around two thirds of what might have been earned while the injured employee was unable to work. Other benefits may include partial, temporary, or permanent disability benefits. Temporary Staffing Guidelines for Workers' Compensation Temporary staffing agencies are responsible for ensuring that their staff are covered by workers’ compensation insurance. If a temporary worker is therefore assigned to company X and is injured while working there, the claim is made against the staffing agency’s insurance provider, not against company X’s insurance provider. Temporary staffing agencies are required to ensure that the amount of workers’ compensation insurance matches the type of work that temporary staff do when they go to work. The risk factor involved in office work, for example, is less than that for construction work and this must be allowed for in the WC policy that the staffing agency has negotiated. If the temporary worker is contracted directly by a company or employer and not through a staffing agency, then the responsibility for providing workers’ compensation cover lies with the employer, not the employee or anyone else. Talk to a Workers’ Compensation Lawyer If you are injured while working for a temporary staffing agency and are becoming frustrated or confused about your employment rights you should contact a workers’ compensation attorney. A lawyer will advise you how to submit a claim and what documentation you should include to ensure fair compensation is paid. To consult with a workers’ compensation lawyer, complete the Free Case Evaluation on this page. Additional Resources How Soon Should I Apply for Workers’ Compensation? What is Workers’ Compensation Insurance?
