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Alabama Workers Compensation Questions Work through a Temp Agency

Alabama Workers Compensation Questions Work through a Temp Agency

Alabama Workers Compensation Question: Can I get Alabama Workers Compensation benefits for a workplace injury if I am working through a Temp Agency?

After the "Great Recession," the majority of jobs which have returned have been part-time work, or work obtained through a Temporary Work Agency. As you may know, if you use a Temp Agency for work, you will be sent to different places to work by the Temp Agency. Some places you will only work for a day or two before the job ends, at other places you may eventually be hired by the place you were sent to work after a probationary period, but at first you are still and employee of the Temp Agency. This gives rise to the question of whom you pursue workers compensation benefits should you sustain a workplace injury at the place the Temp Agency sent you to work.

In Alabama, the courts have repeatedly held that a person who works through a temporary agency (such as Kelly Services, Manpower, Mighty Men, Labor Ready, etc.) and are working at and for another business, then the Temp Agency is considered your general employer and the company where you are actually working is called a special employer. What this means is that, for workers compensation purposes, you will be considered an employee of both companies and therefore-generally-your sole means of recovery is though workers compensation. Moreover, most times the temporary agency covers any job injury claims through their workers compensation insurance coverage. Having stated this, in some situations you may be able to bring a third party negligence action while also seeking workers compensation benefits.

If you or a loved one suffered a workplace injury and you have questions about your right to Alabama Workers' Compensation benefits, don't hesitate to contact and speak with one of the experienced Alabama Workers Compensation Lawyers at Powell and Denny today.

Powell and Denny: We Work When You Can't

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Alabama Workers Compensation Questions Work through a Temp Agency

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