What if I work through a Temp Agency and suffered a job injury?
Many people believe that they would be able to pursue workers compensation benefits through their employer-the Temp Agency-and sue the company where they are actually working under a general tort theory such as negligence; however, this is not how workers compensation works in Alabama.
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.
If you live in Alabama and you have questions about your rights under Alabama’s Workers Comp Statute, don’t hesitate to contact one of the experienced Alabama Workers Compensation Lawyers at Powell and Denny today.
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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 5 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.
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