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Do Temporary Workers Have Access to Workers’ Compensation Insurance?

Back Injury - Lancaster Workers Comp - Vanasse LawSummer is on the horizon, and that means that students and teachers are going to be searching for employment. Whether you’re enmeshed in the 9-months-per year world of education or seek temporary or seasonal work for any other reason or at any other time of year, temporary workers are an important part of the workforce. Where full time and part-time employees are entitled to workers’ compensation insurance in case they get hurt on the job, many seasonal workers wonder whether temporary workers also have access to these important protections.

Workers’ compensation insurance exists to provide medical expenses and wage replacement for injuries or illnesses that occur on the job or as a result of the job. Injured workers can file claims to have their medical expenses fully compensated, while wages are reimbursed at a specified rate and percentage based on established schedules. In the state of Pennsylvania, this coverage is extended to temporary and seasonal workers, though there can sometimes be questions as to who is responsible for providing them with coverage.

The reason for this confusion revolves around who has actually hired the employee. If a temporary worker has applied directly to a company for a job and that company has employed them, then that company is responsible for providing their workers’ compensation coverage: the injured employee would report their injury directly to them and they would be listed as their employer on their workers’ compensation claim. But many temporary workers are placed in jobs through staffing or placement agencies that they list themselves with, and that means that the agency is their employer. Their workers’ compensation insurance is provided by the staffing agency unless their contract with the employee or the contracting client specifically states otherwise.

To apply for workers’ compensation, a temporary worker needs to report their injury to the company that has hired them. The notification should include details such as when and where the injury took place and how the injury occurred. Workers’ compensation is a no-fault type of insurance, so workers do not need to worry about attributing blame or having made a mistake before their injury. If you are a temporary or seasonal worker who has suffered an injury and you need more information on your rights, contact us today to set up a convenient time to meet and discuss your case.