National estimates suggest that as many as 17 million workers are employed under a temporary contract. Studies also suggest that such workers are at an overall higher risk for injury than traditionally hired employees. Yet few temp workers know what their rights are when an injury does occur. Some may even miss out on compensation that was rightfully owed to them. Do not make this same mistake. Instead, learn what your rights are as an injured temp worker, as well as how you can greatly improve your chances of receiving the most compensation possible for your injury.
Traditionally Employee versus Temp Worker
In a large percentage of on-the-job injury cases, employees are compensated through the workers’ compensation system. This generally ensures their medical bills are paid, and that they receive a portion of their regular paycheck while they are healing. However, these employees are generally barred from pursuing a lawsuit against their employer.
In contrast, temp workers are not necessarily barred from pursuing a personal injury lawsuit. This is because, unlike the traditional employee, temp workers are not generally employed by the company itself. Instead, they are usually employed by an agency. So, if the place the temp worker was assigned to failed to provide safety training, equipment, or otherwise acted in a negligent way, the temp worker may be entitled to both workers’ compensation through the temp agency, and personal injury damages in a lawsuit against the company that caused their injury.
Common Forms of Negligence
Despite popular belief, victims in personal injury lawsuits do not always win their cases. Those who cannot provide proof of negligence or wrongdoing, and fail to establish that the negligence “more likely than not” contributed to their injuries, may have their cases dismissed. Yet there are others who fail to pursue a lawsuit because they are uncertain whether there was, in fact, any negligence present. As such, victims should be aware of the most common forms of negligence among injured temp workers, including:
- Failure to train or communicate proper lockout/tagout procedures,
- Failure to provide adequate safety gear,
- Failure to explain proper safety gear usage,
- Failure to properly supervise during dangerous tasks,
- Failure to perform safety testing procedures (i.e. checking for asbestos in construction jobs),
- Failure to adequately communicate potential job hazards, and
- Failure to clarify a temp worker’s job scope.
Contact Our Appleton Work Injury Lawyers
If you or someone you love was injured while working in a temp position, ask Herrling Clark Law Firm, Ltd. to evaluate your case for possible negligence. Dedicated to your best interests, we will protect your rights and pursue the most favorable settlement possible for your situation. Schedule a consultation with our Appleton work injury lawyers by calling 920-739-7366 today.