Many people believe that if they work for a Temp Agency and they suffer a job injury while working for whomever they were sent to work for on the date in question, then they would be able to pursue a claim for 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 through workers compensation. Moreover, most times the temporary agency covers any job injury claims through their workers’ compensation insurance coverage.
If you suffered a work injury, you live or work in anywhere in North Alabama, and you have questions about your workers’ compensation claim and would like to speak with an experienced workers compensation lawyer at Powell and Denny would appreciate the chance to help you.
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