Employers that hire temporary employees are legally responsible for protecting those employees from harm and compensating them if they are injured. State laws vary on the exact protections required but typically employers must give temporary employees the same protections as permanent employees, including education, personal protective gear, and coverage by workman’s comp insurance. It is the employer’s responsibility to make sure the temporary employee can do their job safely and have work accident compensation if they are injured on the job.
What is a Temporary Worker?
A temporary worker is someone who comes to a company with an understanding that their position will be for a specific, limited time. Typically, this is less than one year. Companies may hire their own temps, borrow workers from other companies, or go through a staffing agency to acquire temporary workers.
Temporary Employees Hired by the Company
Temporary employees who are hired directly by the company should be covered under the company’s workman’s compensation insurance the same as all other employees. If an employer is in doubt, they should check with their policy to be sure that there is specific verbiage covering temporary employees.
Borrowed Temporary Employees
If a company borrows employees from another company, both companies should carry workman’s compensation insurance.
It is important that both companies carry workman’s compensation insurance that covers the temporary employee. Otherwise, both businesses could be open to lawsuits should the temporary employee have an accident at work and be uninsured by one or both parties.
Temporary Employees from a Staffing Service
If a company is using a staffing service to provide them temporary employees, the staffing service will typically cover the employees. The business using the service should get a copy of the staffing service’s workman’s comp insurance policy and should have an agreement about coverage for temp employees in their contracts.
In some cases, a temporary employee can still sue the business they were working at when their accident occurred even if the staffing service carries workman’s comp insurance that covers them.
Are You a Temporary Worker Who was Injured?
If you are a temporary worker who was injured on the job, you may be confused about what to do and whose insurance should handle your injury. You need an experienced accident at work lawyer to help you understand your rights and get the compensation you deserve.
If you are injured on the job in New York and not sure where to turn, call Robert Golan, PC at 516 586 3910 for a free lawyer consultation today. You can also fill out this online contact form.Share This