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Work Injuries: Responsibility in Temp Agency Scenario

Claims for Work Injuries
Work Injuries

A question I  often receive comes from people who sustained work injuries while employed through a temp agency.  For example, suppose an employee was at company “A” but sent there by a temporary employment agency when a computer printer dropped on their foot.  After an emergency room visit and an inability to work, both the temp agency and the company brush off questions.  Who is responsible for workers compensation when a temporary agency is involved?

Answer:

Employees sustaining work injuries in the course of employment are eligible for workers compensation benefits. The temporary agency and their workers compensation insurer must handle the claim in your situation.

What Are Workers Compensation Benefits?

Workers compensation benefits include payment of reasonable medical bills related to the accident.  A wage replacement benefit also pays a tax free weekly amount based on your pre injury average wages.  There are different payments depending on whether you are totally or partially disabled.

If there is any permanency to the injury then another benefit kicks in, but it’s way too early at this point to determine if that applies in your case.

Employers Must Report Work Injuries

The size of the injury has nothing to do with whether or not you have a claim.  In this scenario you may or may not also have a third party claim.  In other words you can’t normally directly sue your employer in this situation. But if some third party’s negligence caused an injury, then there may be a claim against that party, a “third party claim”.

Workers compensation law requires employers to report work injuries within a specified period of time.  Failure to comply raises the possibility of fines against the employer.

An employee must be out of work a minimum number of days before workers compensation kicks in.  In Massachusetts, injured employees must miss 5 days before they are eligible.  But, if they are out due to the injury for 21 days, then the first 5 days are paid.  New Hampshire’s workers compensation law only requires benefits after 3 days of disability, unless that work related disability continues for 14 days or longer.

How Do I Find Out More About Compensation for my Work Injuries?

Workers compensation laws vary from state to state.  We explain the basics of compensation for work injuries in another blog article:  Click here.  Other blog articles focus on what the specific benefits are:  Click here.  Another blog looks at the various types of typical workers compensation accidents:  Click here.  Finally, anyone with a workers compensation claim must understand that workers compensation insurers frequently carry out video surveillance:  Click here.

Attorney fees in workers compensation cases are highly regulated.  Lawyers may not charge the client for an initial consultation, so there’s no reason not to retain an experienced workers compensation attorney.

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Attorney Myers is a member of the American Trial Lawyers Association, Massachusetts Academy of Trial Lawyers, and New Hampshire Trial Lawyers Association. The Law Offices of Andrew D. Myers offer a broad range of legal services in personal injury cases in Massachusetts (MA) and New Hampshire (NH) areas.

The information on this web site is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. This web site must be labeled advertisement in some jurisdictions.