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Temporary Workers Have Right to Workers' Compensation

Posted on in Workers' Compensation

Temporary Workers Have Right to Workers' CompensationTemporary workers do not receive all of the benefits that regular employees enjoy but are still entitled to workers’ compensation benefits when they are injured on the job. Unfortunately, some employers will tell temporary workers that they are ineligible for workers’ compensation because of the nature of their employment. Temporary workers who believe workers’ compensation is not an option may be stuck with large medical debts or decline helpful medical treatments in order to save money. The company that employs and pays a temporary worker is responsible for providing workers’ compensation insurance.

Injury Risk

Temporary workers regularly suffer workplace injuries, despite working at a place for only a limited time. There are several reasons that temporary workers can be at greater risk of injury than other workers:

  • Temporary jobs often involve heavy and sometimes dangerous labor;
  • The employer may be using temporary workers because regular employees will not take on the risky work;
  • Temporary workers are unfamiliar with the work environment and may not receive on-site training;
  • Temporary workers may be less experienced at the job than regular workers; and
  • Temporary workers have less confidence in citing safety concerns because of the tenuous nature of their employment.

Responsible Employer

A temporary worker has the right to file for workers’ compensation and receive medical benefits and payment for lost time. The staffing agency that placed the worker is likely the party responsible for the workers’ compensation insurance. The company where a temporary employee goes to work is a third-party client of the staffing agency. In many cases, the staffing agency pays the temporary workers instead of the client, making them employees of the staffing agency.

When a temporary worker is injured, he or she will naturally report the injury to the employer in charge of the workplace. The employer can accurately claim that its workers’ compensation insurance does not cover temporary workers who a staffing agency provides. The worker must then report his or her injury to the staffing agency and file for workers’ compensation benefits from the agency's insurer.

Obtaining Benefits

Staffing agencies in Illinois should be aware of their responsibility to provide workers’ compensation insurance for temporary workers but may hope that you are unaware of your rights. When you file for workers’ compensation, the staffing agency will likely contest your claim in order to save money on its insurance premiums. A McHenry County workers’ compensation attorney at Botto Gilbert Lancaster, PC, will help you prove your claim in court. To schedule a free consultation, call 815-338-3838.

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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