Right now, there are more than four million people who are considered temporary employees, working in the United States. This is a number that is estimated to grow in recent years, with two to five companies making the decision to hire temporary workers in the coming year. With such a large number of temporary workers, it is crucial for you to understand how workers’ compensation benefits apply to these individuals. This will help ensure that both workers and employers are protected.
Is Workers’ Compensation Provided for Temporary Employees?
According to the state law in Florida, as well as the national law, temporary employees do qualify for workers’ compensation benefits. When a temporary worker is hired by an employer, they are considered to have what is referred to as a “joint employer.” This is a phrase used to describe the relationship present between the job placement agency, and the company that hired the workers temporarily.
However, it is important to know that client companies are able to be sued beneath the general liability coverage if the workers suffer occupational illnesses, cumulative trauma or accident injuries. In the end, each of the joint employers may be held responsible for providing compensation for an injured, temporary employee.
Protections in Place for Employers Facing Workers’ Compensation Claims from Workers
If you are using a staffing agency to hire temporary employees, then you should take steps to make sure that you are protected from excess liability. This means that you ensure that your temporary workers have been properly classified. Any workers that is scheduled more than 30 hours per week, or more than 130 hours each month, are considered (by the court) as a full-time employee, regardless of how you have classified them. If your employees are misclassified with your insurer, then you may have to pay a large amount if workers’ compensation claims are filed.
You should also negotiate with the agency where you found them to ensure they are taking care of workers’ compensation coverage. This is language that can be worked into a contract to help limit your liability.
Workers’ Compensation Protections for Temporary Employees
If you are a temporary worker, you should make sure you are aware of who will be held liable for the injuries you suffer on the job. If your placement agency is not able to let you know who is considered responsible for the workers’ compensation benefits you are owed, then you may want to consider passing on the job offer.
How to Handle a Workplace Injury and Receive Workers’ Compensation Benefits
If you have suffered an injury as a temporary worker, then you should follow the workers’ compensation rules in the state. For Florida, you have to notify your employer within a period of 30 days after the injury occurred, or within 30 days of being diagnosed with an illness contracted at work. Depending on the agreement you signed when you were hired, either one or both companies that hired you will give you the appropriate forms.
If you are injured as a temporary worker, the best thing you can do is hire a workers’ compensation attorney for assistance. Additional information about these legal services can be found by contacting the team of attorneys at Sternberg | Forsythe, P.A. by calling 561-687-5660.
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