Injuries Suffered by Temporary Workers
Employees of a company have a fairly clear cut path towards compensation when they get injured on the job. They can either file a workers’ compensation claim if their employer is covered by workers’ compensation insurance, or they can file a personal injury lawsuit against their employer if the employer has opted out of workers’ compensation. What happens to a temporary employee who is injured on the job? Temporary employment agencies and the “employers” or “client companies” have a joint employer relationship with the employee. An experienced lawyer with the law offices of Michael P. Fleming & Associates can help get you started today.
Suing the Employer
Client companies can be sued under their general liability insurance policy. This occurred after the death of a temporary worker at a grain storage facility back in 2005. It was only the employee’s third day on the job when he suffered a fatal injury, according to Business Insider. Because the employer offered workers’ compensation for their other employees, the court decided that they could not pick and choose which employees would be covered and which would not, even if the employee in question was a temporary worker. Because workers’ compensation was denied, the family of the deceased worker sued successfully for $2.7 million despite the employer only being negligent, not grossly negligent.
Who Should be Held Liable for Your Medical Bills and Other Damages?
Often, it is the temporary employment agency itself that covers the employee in places with workers compensation. For example, a temporary employee of a staffing agency was seriously injured on the job working at a tractor supply company. The employee sued the tractor supply company, but it was appealed on the basis that the tractor supply company was not covered under workers’ compensation insurance purchased by the staffing agency, as reported by LexisNexis.
Temporary employees should not assume that the temp agency will cover all liability regarding a work injury. In these cases, work injuries are more complex than injuries caused to full time or part time, non-temporary employees, which is why you should retain an experienced board-certified work injury lawyer. Because of the joint employer relationship between your temporary work agency and the company for which you are doing work, there may be two companies named in any work injury claim as well as the companies that insure them.
Temporary Employees Have Rights to Workers’ Compensation and Personal Injury Lawsuits
Just because you or your loved one were a temporary employee does not mean that you do not have the right to either workers’ compensation or the right to bring a personal injury or wrongful death lawsuit against the appropriate party. It can be difficult to figure out who the liable party is in temporary employment injury cases, which is why you need to call the experienced Houston attorneys with Michael P. Fleming & Associates, P.C. Contact us today to set up a consultation and to begin the process of recovering medical bills, pain and suffering, lost wages, and other damages 713-221-6800.