In the evolving landscape of employment, temporary workers have become an integral part of many industries in New Jersey. These workers, often employed through staffing agencies, face unique challenges, especially when accessing workers’ compensation benefits. Thankfully, New Jersey law provides specific protections and entitlements for temporary workers injured on the job.
Can Temporary Employees File for Workers’ Comp?
New Jersey’s workers’ compensation system is governed by the New Jersey Workers’ Compensation Act. The act mandates that all employers, including temporary staffing agencies, provide workers’ compensation coverage for their employees. This coverage offers medical treatment, lost wages, and permanent disability compensation to workers who suffer job-related injuries or illnesses, regardless of fault.
For temporary workers, the definition of “employee” under the Act is broad, encompassing those hired for short-term assignments. The critical aspect is the employment relationship, not the duration of employment. Therefore, temporary workers injured on the job are generally entitled to the same benefits as permanent employees. In fact, N.J.S.A. 34:15-71 requires virtually all employers operating within New Jersey to provide workers’ compensation coverage for their employees. This includes coverage for full-time, part-time, and temporary employees. The law applies to most employers, with very few exceptions.
Who Do I Make a Worker’s Compensation Claim With?
The staffing agency, as the official employer, is typically responsible for providing workers’ compensation insurance. This means that if you receive an injury at a job site for a third-party business, you need to file it with the staffing agency.
Filing a Claim for Workers’ Compensation for Temporary Employees
Despite some minor differences, filing for workers’ comp for temporary employees is relatively similar to any other workers’ comp claim. The main requirement is making sure that your staffing agency is aware that the injury occurred.
1. Report the Injury to the Staffing Agency and the Third-Party Business
When you receive an injury on the job, report it to the employer within 90 days. For temporary workers, this means notifying both the staffing agency that employs them and the host employer where they are placed.
This is because the staffing agency and the third-party business are considered “joint employers.” In some cases, the third-party business may be liable for an injury that happens to a temporary worker. New Jersey courts have addressed such issues on a case-by-case basis. Typically, these cases focus on the nature of the employment relationship and the degree of control exercised by the staffing agency and the third-party employer.
2. Collect Any Evidence You Can
Depending on the severity of your injury, this might not be possible. However, if you can, preserve any evidence of your work injury. This includes photographs of any equipment being used, the state of your clothes, or even the injuries themselves. All of this evidence helps put together the events leading up to your injury and potentially show how serious it is.
3. Get Medical Attention
Following your injury, you should seek medical attention immediately. In emergency situations, this may mean going to the nearest emergency room. For non-emergencies, the worker may need to see a healthcare provider authorized by the employer or the employer’s workers’ compensation insurance carrier. New Jersey law allows employers to direct injured workers to specific healthcare providers for treatment related to work injuries.
4. Ensure Your Employer Documents the Injury
Upon notification, the staffing agency (as the official employer) must document the injury and report it to their workers’ compensation insurance carrier. This report typically includes details about the injury or illness, how it occurred, and the potential for work-relatedness.
5. Contact an Experienced Work Injury Attorney
While there are protections in place for temporary workers, you should consult a workers’ compensation attorney after a work injury. This is especially true if you run into issues reporting the injury or getting the staffing agency to acknowledge your claim. Having an attorney helps in several ways, including assistance with evidence collection, on-time filing, and negotiating if needed.
Our Workers’ Compensation Attorneys Are Here for You
Navigating the complexities of New Jersey’s workers’ compensation system can be challenging, especially when you are focused on recovery and getting back to work. Whether you are dealing with selecting a medical provider, filing a claim, or facing a dispute, you do not have to go through this process alone. At Petro Cohen, P.C., our attorneys have knowledge and experience with workers’ compensation for temporary employees in New Jersey. Our goal is to help you focus on healing while we fight on your behalf. To schedule a free consultation, fill out our contact form or call us today.
Loading...