Temporary Worker Third-Party Negligence Actions
Massachusetts Injury Lawyers Representing Injured Temporary Workers In Third-Party Negligence Actions
Temporary workers, also known as temporary employees, temp workers or temp employees, are commonly placed by temporary agencies at third-party job sites. The employment is temporary, and as a result, the Workers’ Compensation Act considers the temporary agency the employer. As such, if a temporary worker is injured at a third-party location, the temporary agency is looked at to cover workers’ compensation benefits.
If the temporary worker is injured at the job placement site, and if that company (where the temporary worker is temporarily working) is negligent in any way, then the worker can bring a claim against that company under third-party negligence theory, and thus recover pain and suffering as well. Note the temporary worker is not barred under the Workers’ Compensation Act from suing the negligent company where the temporary worker is currently working because the law looks at the temporary agency as being the true employer.
Temporary Worker Vs. Permanent
At what point does a temporary worker become a permanent worker at a job site? Many factors come into play in determining the status of a temporary vs. permanent worker. An experienced law firm in temporary worker and temporary agency law can help you determine which category you fall under. If you’re deemed to have migrated from temporary worker status to permanent worker status, then you may be barred from bringing a third-party negligence claim at the job site you believed was still temporary in nature. This can limit your claim to be fully compensated because you can no longer recover for pain and suffering, whole body scarring and loss of consortium damages. Insurance companies will fight to label your work status in a way that reduces their liability and compensation exposure.
These are complex cases and the determination of your employment status can affect your legal rights from the onset. Ellis Law Offices has been representing temporary workers for over 50 years and is one of Massachusetts premier law firms for bringing successful third-party negligence actions. Call us as soon as possible after your injury so we can help assess if your employment status is temporary or permanent. As stated above, your status greatly affects the outcome of your case and you need to speak with an experienced attorney now. You may contact us by telephone or email. Home and hospital visits are available upon request.