Does Workers’ Comp Cover Temporary Workers?

Felix liked working as a temporary worker. One day, he was injured while working at a construction site. The supervisor at the site said the company would not pay for his medical treatment or lost wages. However, Felix talked to a workers’ comp lawyer and learned that his supervisor might be wrong. Workers’ comp might cover temporary workers like him.

How Workers’ Comp Works

Employees must report their on-the-job injuries to their employers. At this point, the employer’s insurance company typically begins to provide workers’ comp benefits. The insurer may pay an injured worker’s medical bills, and he or she might receive other financial support.

Sometimes an employer or its insurer refuses to approve benefits or disagrees with the employee’s claim. The worker then can file a claim with the Illinois Workers’ Compensation Commission (the “Commission”). After reviewing the evidence and the employer’s response to the claim, the Commission will decide whether the worker gets benefits or not.

Eligible or Not Eligible?

Workers’ compensation insurance covers most Illinois workers from the minute they begin working. Some classes of employees are a little complicated. Insurance for temp workers is provided through their staffing agency, not through the agency’s client for whom they actually worked.

For example, the Illinois XYZ Staffing Company pay Felix. This employment agency sends Felix out to various job sites, where he physically performs the work. He was injured at an ABC Construction Company site, but XYZ Staffing should have workers’ comp insurance that will provide benefits to Felix.

Misinformation and Misrepresentations

Temp agencies sometimes have their employees sign contracts stating they will not seek workers’ compensation benefits if injured. However, such contracts do not comply with Illinois law. If you have signed a contract waiving your workers’ compensation rights, contact an attorney for advice.

Temp workers may need compensation even more than regular employees. Overall, temporary workers are injured at a higher rate than other employees. Often, employers place them in dangerous situations without the training that formal employees receive.

Workers’ Compensation for Temporary Workers

With over 20 years’ experience, Osvaldo Rodriguez has the skills to handle your case from start to finish. To schedule your free initial consultation, or ask a question, call us at 708-716-3441 or fill out the form on the Contact Us page.

Mr. Rodriguez is fluent in both Spanish and English.

We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake, and all of Cook County, Lake County, Kane County, Dupage County and Will County.

Mr. Rodriguez is fluent in both Spanish and English.

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