Can Temporary Workers Have Access to Workers’ Comp?
If you suffer a work-related injury as a temporary worker, you may wonder whether you can access workers’ compensation benefits to cover your medical bills and lost wages. The good news is that workers’ comp benefits generally cover temporary workers in North Carolina, provided they meet specific criteria. This article explores the issue in further detail.
Workers’ Compensation for Temporary Workers
The North Carolina Workers’ Compensation Act requires all employers with three or more employees to obtain workers’ compensation insurance. There are a few exceptions to this requirement, including:
- Employees of certain railroads
- “Casual” employees
- Domestic servants employed by a household
- Certain farm laborers
- Federal government employees in North Carolina
- Certain sellers of agricultural products
Under state law, many part-time and temporary workers in North Carolina are considered employees and are therefore covered by workers’ comp. Whether a temporary employee will be eligible for workers’ comp benefits will likely depend on whether they are classified as an “employee” or an “independent contractor.” Moreover, employers can be responsible if they subcontract work to a subcontractor who does not have workers’ compensation coverage and one of the subcontractor’s employees is hurt on the job.
Employers may not label employees as “independent contractors” to relieve themselves of liability under the state workers’ compensation act. The actual relationship determines whether someone is an employee or an independent contractor. If your employer decides how many hours you work, where you work, and which duties you perform, you are likely an employee, even if the company tries to claim you are not.
Temporary employees hired through a staffing agency are likely covered by workers’ comp through either the company they work for or the staffing agency. According to the North Carolina Department of Labor, staffing agencies are “joint employers” with the companies they serve. Talk to our lawyers immediately if a staffing agency or another company says you do not qualify for workers’ comp benefits.
Steps to Take When Injured as a Temp Worker
Here is what you need to do if you are a temporary worker and suffer an on-the-job injury:
- Seek medical treatment. See a doctor immediately. Once you start treatment, save all your medical records and receipts.
- Document the scene. Take photos of where the accident happened, your injuries, and any noticeable hazards in the area. If anyone saw the accident, get their name and contact information.
- File an accident report. The North Carolina Industrial Commission says you must report the accident to your employer in writing within 30 days. If you cannot file the report yourself, ask a trusted friend or family member to do it.
- Do not speak to insurance companies. Do not speak to insurers until you talk to an attorney.
- Hire a North Carolina workers’ compensation lawyer. Obtaining workers’ comp benefits as a temporary worker can be challenging, so you should not try to navigate the system alone. Our attorneys can review your case and explain your legal options.
How Our Law Firm Helps with Workers’ Compensation Claims
The attorneys at Ward Black Law are committed to advocating for injured workers in Greensboro and throughout North Carolina. We can help you by investigating the incident that caused your injuries, gathering helpful evidence, filing your initial claim, communicating with the insurance companies, and working to maximize your benefits. Our lawyers can also handle the appeals process if your employer denies your claim or undervalues your benefits.
Contact Our Greensboro Workers’ Compensation Attorneys Today
The Ward Black Law team has helped injured clients seek the compensation they need for over 30 years. Contact our Greensboro workers’ compensation attorneys today for a free case review.