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Do I Get Workers’ Compensation As A Temp?

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When one visits the issue of workers’ compensation, it is usually with the understanding that only full-time employed workers are entitled to receive benefits if they are hurt on the job. This is only partially true; temporary workers are, in many situations, able to receive workers’ compensation if they are injured on the job. Consulting an attorney if you have been injured can help to clarify the issue.

Who Must Have Coverage?

Temporary employees are used in many different industries, most often as seasonal labor or to fill in if someone in the office is unavailable for an extended period. If a person has a relationship with a temp agency (in Florida, known officially as a Professional Employer Organization [PEO] or employee leasing company [ELC]), and are hired by a client, they are said to have a “joint employer” for these purposes – both the placement agency and the client might conceivably wind up on the proverbial hook for any damages incurred by an injured employee. Each case is different.

Florida law does require that employers – including ELCs – that meet certain requirements must carry workers’ compensation coverage. The requirements are different depending on the industry – for example, agricultural companies must carry workers’ compensation coverage if they have at least 6 full-time employees and/or 12 seasonal employees “who work more than 30 days in a season, but no more than a total of 45 days per calendar year.” However, construction companies must have workers’ compensation coverage if they have 1 or more employees (including the owner).

Know Your Options

If you are an employee of a PEO or ELC, it is a good idea to verify that your agency does in fact carry the coverage it is required to have, as there have been numerous episodes of fraud where staffing agencies did not carry workers’ compensation at all. Once you can be certain that your agency has the appropriate coverage, you would then file a standard workers’ compensation claim if you are injured on the job, in the same manner as any other employee.

It is important to keep in mind that there are situations in which the client company, rather than the ELC, will carry the burden of workers’ compensation – usually in situations where it has been negotiated between the companies. Either way, if you have been hurt on the job, it is a good idea to notify both companies, so that you can then be told who to go through for benefits as your case progresses.

Contact An Orlando Workers’ Compensation Attorney

Working with a staffing agency is sometimes the best option for some people, and you should be informed of the rights you have while working for them. If you have been injured and you are concerned about your temporary work status, contacting the Orlando workers’ compensation attorneys at the Hornsby Law Group is a good step to take. We are happy to try and answer any questions you may have. Call us today for a free consultation.

 

Resource:

myfloridacfo.com/sitePages/newsroom/pressRelease.aspx?ID=4194

https://www.hornsbylawgroup.com/interpreting-average-weekly-wage/

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