Workers’ Compensation Claims – What Are My Rights as A Temporary Worker?
In these changing economic times, many employers look to hire a temporary workforce to cover busy periods and avoid the expense of hiring full-time employees when they are not needed. Temporary roles also offer a flexible solution for workers looking for short-term employment, extra hours to fit around other commitments like college or simply for those looking to get into the workforce in the first instance.
When it comes to accidents in the workplace, however, are temporary workers entitled to claim workers composition benefits in the same way that permanent members of staff are?
Under Florida Law, licensed staffing agencies have an obligation to provide Workers’ compensation for their hired staff, regardless of where they work. Failure to do so can leave temporary workers without the correct level of coverage should they be unfortunate enough to suffer from an on-the-job injury.
Most staffing agencies will automatically take responsibility for the payroll of their temporary workers, as well as a variety of other day-to-day employment responsibilities and that you would consider to usually be within the remit of an employer. They also have a duty of care to their temporary workers which would include:
- Ensuring that temporary work sites are safe and that the relevant safety inspections have been undertaken.
- Ensuring that temporary workers are aware of the relevant employment and safety policies before taken on work either through the agency or at the client’s
- Performing all the procedures required for Worker compensation claims
While the staffing agency may look and feel like your employer, as a temporary worker you should always clarify their position in respect of Workers’ compensation before undertaking work any for them.
What Should I Do If I Have Been Injured on A Temporary Work Assignment?
Even as a temporary employee, you will still need to follow all the basic Workers’ compensation rules that apply to permanent workers as well. You must notify your employer within 30 days of receiving the injury, or within 30 days of receiving a diagnosis of a work-related illness.
You would be wise to notify both the staffing agency and the client company, and whether one of them or both should provide you with a form to complete before either or both of your employers proceed with the claim process.
What If Neither the Staffing Agency or The Employer Will Take Responsibility?
Pursuing a Workers’ compensation claim can be unnecessarily difficult even in the best of circumstances. As a temporary worker with potentially two employers to deal with, it can be harder still.
The sad truth is that often in the case of temporary workers, both sides may be reluctant to proceed, despite what they say in their initial agreements and you may have a real fight on your hands, just when you are not feeling up to it.
This is the time to hire an experienced Workers’ compensation lawyer who can help you to not only determine who is liable for your injury but also fight to get you to maximum compensation that you are entitled to.
When you hire the Law Offices of Ala Alikhani, P.A. to represent you, we go to extremes to ensure employers and their insurance companies are held accountable and that you receive the benefits you are entitled to by the law.
Were you injured at work? Contact us for a FREE consultation. We are available throughout all times of the day to discuss your case with you. Our office is fluent in Creole and Spanish.
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-No out of pocket fees or costs unless you recover.
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Boca Raton, FL 33432
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