Can Temporary Workers Have Access to Workers’ Compensation Benefits?
Some people in Greensboro work for employers as temporary workers, either hired directly by the employer or through a staffing agency that places temporary workers with businesses. Due to the non-permanent nature of the employer-employee relationship, these workers may wonder, are temporary employees covered by workers’ compensation?
In most cases, the answer is yes. North Carolina law provides workers’ compensation coverage for temporary employees injured at work. If your employer or their workers’ compensation insurance carrier attempts to deny your claim, contact our experienced workers’ compensation attorneys at Ward Black Law for help asserting your rights and demanding the benefits you deserve for your workplace injury.
Why Injured Temp Workers Need Our Workers’ Compensation Lawyers
Temporary workers who get hurt on the job often face obstacles to getting the financial resources they deserve from North Carolina’s workers’ compensation system. Hiring experienced legal representation can give you the best chance of recovering the compensation and benefits you need to heal from a work injury or occupational illness suffered in a temporary job.
For years, injured workers in Greensboro and throughout North Carolina have turned to the legal team at Ward Black Law for dedicated advocacy and insightful legal advice because:
- We have dedicated our careers to the mission to “seek justice, give generously, and love lavishly.” We treat every client like family, providing the responsive communication and support you need during trying times. We take the time to listen to your story and answer your questions, so no stone gets left unturned.
- Our firm uses leading technology to better serve and communicate with our clients. That enables us to use strategic planning to improve our processes and provide more effective legal counsel and advocacy.
- Our team has over 30 years of experience representing thousands of clients who have suffered injuries. We can handle complex cases against the most sophisticated and well-financed corporations; our attorneys pride themselves in helping the “Davids” take on the “Goliaths” of the world.
Are Temporary Employees Covered by NC Workers’ Compensation?
North Carolina’s workers’ compensation system requires most businesses that employ three or more workers to carry workers’ compensation insurance or qualify as a self-insured employer for paying workers’ compensation benefits. The law considers all workers who provide labor for compensation as employees, including part-time and temporary workers.
North Carolina Workers’ Compensation Laws for Temp Employees
Workers’ compensation insurance provides statutorily defined financial benefits for temporary employees, including:
- Medical benefits – Cover the cost of all reasonable and necessary medical treatment and rehabilitation for a work-related injury or illness
- Lost wage benefits – Provide partial replacement of a worker’s average weekly wage for time they miss from work
- Permanent partial disability benefits – Provide financial payments based on the nature and severity of a worker’s disability that does not entirely prevent the worker from returning to the workforce
- Travel benefits – Offer per-mile compensation for travel to and from medical treatment that exceeds 20 miles round trip
When an employer refuses to acknowledge a temporary worker’s compensable injury or denies or terminates workers’ compensation benefits, the injured temporary worker can request a hearing before the North Carolina Industrial Commission to seek a ruling on the worker’s entitlement to benefits.
Common Challenges Greensboro Temp Workers Face in Claiming Benefits
Temporary workers who get hurt on the job may face various challenges when pursuing workers’ compensation benefits in Greensboro. Some of the complex issues that can arise in a temporary employee’s workers’ compensation claim include:
Misclassification of worker status – Employers may attempt to avoid liability for workers’ compensation by classifying temporary workers as independent contractors. However, some temporary workers qualify as employees under applicable law. The law focuses on the actual employer-employee relationship, not the label applied to it. Injured temporary workers misclassified by their employers may have to pursue formal workers’ compensation claims to establish their benefits eligibility.
- Joint employment – Temporary workers placed by a staffing agency may qualify as joint employees of the agency and the company they work for. That can lead to disputes between the companies over liability for the employee’s workers’ compensation benefits.
- Delays or denials of workers’ compensation claims – Employers and insurers may seek to avoid liability for workers’ compensation benefits by arguing that an injured temporary worker does not qualify for benefits, such as by claiming the worker’s injury occurred outside the course and scope of their duties to the employer.
Steps to Take If Injured as a Temporary Worker in Greensboro
Taking prompt action can protect your eligibility for workers’ compensation benefits when you’ve suffered an injury while working a temporary job. Here are the steps to take after getting hurt at work in Greensboro:
- Report your injury to the company you work for and to your staffing agency as soon as possible.
- Seek medical treatment immediately and tell the doctor you sustained your injury at work.
- Follow your doctor’s treatment plan and recovery instructions. Do not put off any treatment or rehab.
- Keep all bills, invoices, and receipts of your medical expenses.
- Gather copies of your pay stubs or income statements if you need to miss time from work or get transferred off your position due to your injuries.
- Contact a workers’ compensation lawyer from Ward Black Law as soon as possible to discuss your legal options for obtaining the financial benefits you need for your medical care and lost income.
How Our Greensboro Workers’ Compensation Attorneys Can Help Temp Workers
At Ward Black Law, our North Carolina workers’ compensation lawyers advocate for temporary workers who have sustained work-related injuries. We help them secure the financial benefits they need for their recovery by:
- Thoroughly investigating the circumstances surrounding the worker’s injury and employment status to obtain the evidence needed to prove their right to workers’ compensation benefits
- Documenting workers’ injuries and expenses to demand they receive maximum benefits
- Negotiating with employers and insurers to recover the financial relief injured workers deserve
- Working with treating healthcare providers and medical experts to build a compelling injury claim
- Filing formal claims with the Industrial Commission and representing injured workers during formal hearings and appeals
If you’ve been hurt while working a temporary job, you may have the right to receive workers’ compensation benefits. Contact Ward Black Law today for a free, no-obligation case review with an experienced attorney to learn more about workers’ compensation for temporary employees. Get the help you need to demand the benefits you deserve.
