Picture of Michael Anzalone

Work Comps for Temporary

When a temporary worker arrives at work for a third-party employer, worker’s compensation is not necessarily the primary concern.

Employees in the state are required to apply for compensation insurance in the circumstance that an employee sustains injuries, or suffers from an illness on the job. However, for temporary staffing agencies, different rules may apply, as well as for third-party clients who use these services to employ temporary workers.

This is due to the fact workers who are contracted out by the third-party agencies are considered employees of the temporary agency, as opposed to the third-party client when reporting to work.

Temporary workers, under state law, are eligible as well to receive worker’s compensation if they sustained injuries on the job.

The third-party client, however, regarding the company where temporary staff must report, is not required to offer coverage of work comps for temporary workers.

The staffing agency, instead, is held liable of any illnesses or injuries for the medical compensation employees receive while at work.

The third-party employer, in some cases, may choose to share protection for worker’s compensation with the staffing agency, by including on the contract an Alternative Employment Agreement rider.

This type of measure can be more costly for employers, but may offer additional protection for temporary employees, and prevent, from being sued, the third-party company.

Worker’s Compensation Rights for Temporary Workers

According to a recent study regarding public health, there are hundreds of thousands temporary employees in the state.

The work which temporary employees fulfill is typically dangerous or difficult skilled labor, such as manufacturing or construction, and injuries sustained on the job can be quite common.

While a third-party company may declare that a temporary employee is not covered by any worker’s compensation, it is crucial for temporary workers to be aware that they have similar rights as other employees within the state.

According to research, many temporary workers did not know how to file a claim, or felt harassed or threatened if they complained about these conditions.

Several employers have told workers who sustained injuries they could not receive work comps for temporary workers. 

In cases of traumatic injuries, temporary total disability can be received by beneficiaries on a continuation of the full pay of disability for the first 45 days.

Otherwise, if a worker suffers from a job-related, disabling illness or injury, the worker may have the eligibility to receive 2/3 of pre-disability worker’s wages, or, if the worker has at least one dependent, 3/4 of pre-disability wages.

The procedures and laws regarding work comps for temporary employees insurance can be quite misleading.

It is advisable, if there is any doubt, to consult with an attorney experienced in cases related to worker’s compensation.

If you or a family member have sustained injuries and is in need of an attorney, it can be a challenge to figure out how to pursue receiving full compensation.

Contact us for a free consultation or call Anzalone Law Firm PLLC, at: 603.548.3797.

Client Reviews
Great lawyer...Professional, organized, caring and effective. Michael is very informative and was always willing to explain the reasons behind what was being done. Can't say enough about how helpful he was every step of the way. It was really nice to feel like I actually understood what was going on with my case. Catherine Veilleux