Here in the Upstate, just as across the country, temporary and contract workers are an intricate part of the employment puzzle. In the past, the majority of temporary employees were categorized into two main groups: seasonal retail and fill-in or short-term clerical positions. Frequently many of these temporary assignments morphed into a full time permanent position based on both the employer’s needs and how well the temporary employee performed.
The past two decades, saw a rapid increase in the construction and manufacturing sector relying on temporary employees because of the “supply and demand” often seen in these fields. In fact, it became such a popular option that many temporary staffing agencies became mainstream to the point of offering benefits normally only provided through traditional hiring practices.
During the 2008 recession a large percentage of these construction and manufacturing jobs disappeared. A few years later as the economic tide began to turn, once again temporary staffing agencies began to flourish, but for different reasons. Corporations realized contracting with a staffing agency was a viable cost savings measure. No longer a niche field just for seasonal, clerical and blue collar employees, today the majority of career fields including the medical, legal and educational professions all reap the benefits of temporary employees.
Because temporary workers have become such big business, benefits including health, dental and vision care along with sick pay and retirement accounts are now frequently part of the employment package. But the one thing no one ever discusses is what happens if as a temporary employee you are injured on the job.
General rule of thumb is the company who employs the person who signs your paycheck is the one responsible if at any time you are injured on the job. For example, you work as a carpet installer for ABC Flooring but you technically are an employee of John Doe Staffing and Mr. Doe signs your weekly paycheck. One day while on a job you sprain your ankle while carrying a roll of carpet. John Doe Staffing will need to be notified as they are responsible for filing your claim.
Now, there are cases where depending on the circumstances, both ABC Flooring and John Doe Staffing could be responsible for your workers’ compensation claim. While technically you are employed by John Doe Staffing, in some cases you could sue ABC Flooring under their general liability policy. Generally the outcome of this type of lawsuit will only be successful if certain contract riders have not been signed between the business and the staffing agency. Obviously, you won’t have access to this information. Nor is either business legally required to divulge this information to you. This is when you need to immediately contact the Dan Pruitt Law Firm. We understand being injured on the job is a stressful time. You are in pain, worried about money and often not able to get a straight answer on the status of your claim. Dan Pruitt and his staff can alleviate your concerns and ensure your legal rights are being safeguarded.