Temporary workers face a harsh reality: studies show they’re injured more frequently than permanent employees. There are several reasons why. Among them, temp workers often receive less safety training and may feel pressured to work faster or skip safety protocols to prove themselves.
Whether you’re working in construction, warehousing, manufacturing, or an office, you have rights if you suffer an injury on the job.
If I’m Injured on the Job as a Temp, Am I Covered by Workers’ Comp?
In most states, yes. Your legal employer is usually the staffing agency, and their workers’ comp policy is the primary coverage. Some states do not require staffing agencies to carry this insurance, and a few allow certain employers to opt out. If the agency lacks coverage or the company you’ve been assigned to directs your day-to-day work, you may still be covered as a special employee under the host’s policy. Benefits are generally available regardless of fault.
To facilitate the process, remember to report the injury immediately, include the staffing agency and the worksite on all forms, and keep copies. If neither has coverage, you may still have options: a state uninsured employers fund or a separate claim against a negligent third party.
State Rules for Temp Workers in CA, TX and FL
Here is an overview of the regulations for temp workers injured on the job in three of the most populous states:
California:
- Staffing agencies must carry workers’ comp insurance for all temp employees
- You’re entitled to medical treatment, temporary disability payments, and permanent disability benefits if needed
- California offers some of the strongest temp employee protections in the country
Texas:
- Texas is unique. Private employers can opt out of workers’ comp, though about 75% of them do offer it
- If your employer has coverage, you receive medical benefits and income benefits
- If they opted out, you can still take legal action via a civil claim
- Public sector employees have coverage through state programs
Florida:
- Construction companies with one or more employees must carry workers’ comp
- Non-construction businesses need coverage with four or more employees
- Staffing agencies providing temp workers must have coverage
- Benefits include medical care, disability payments, and vocational rehabilitation
When a Third Party Causes Your Injury
Sometimes you’re injured by someone or something unrelated to your job. Examples include a delivery driver hit by another motorist or a construction worker who suffers a burn injury due to a faulty piece of equipment.
In these cases, you can file for workers’ compensation and pursue a personal injury claim against the third party. This matters because workers’ comp typically doesn’t cover pain and suffering, but a third-party lawsuit can.
Public Sector Employees and Workers’ Comp
Public sector temps, those who work for government agencies, often fall under different systems:
- Federal employees use the Federal Employees’ Compensation Act (FECA)
- State and local government workers may have separate injury compensation programs
- Coverage can be more restrictive or more generous than private sector workers’ comp, depending on the state
Some temps work for private agencies but are placed in government facilities. Your coverage typically follows your employer (the staffing agency), not the worksite.
What Are Some High-Risk Sectors?
Temporary workers in construction, manufacturing, logistics, and hospitality face the greatest injury risks. Consequently, these sectors have the most stringent safety protocols; however, falls, equipment accidents, and vehicle crashes are still common.
If you suffer a serious injury while working as a temp, take the following steps:
- Report injuries immediately to both the staffing agency and worksite supervisor
- Seek medical attention right away. Delays can jeopardize your health and claim
- If you can, document everything: take photos, get witness names, keep records
- Contact an experienced work accident lawyer immediately
Whether you’re lifting boxes in a warehouse or making deliveries across town, you deserve proper compensation when workplace injuries occur. Attorney J.J. Dominguez of The Dominguez Firm advises seeking legal representation, “If you suffered serious injuries while temping, you have rights as any other employee. Call an experienced work accident attorney as soon as possible. They can get involved before crucial evidence is lost and protect your rights, so you can concentrate on getting better.”