What If I Work Through a Temp Agency and Suffer a Job Injury

What If I Work Through a Temp Agency and Suffer a Job Injury?

Many workers who are injured on the job while working through a temporary agency assume they have two options: file a workers’ compensation claim against the temp agency and sue the company where they were actually working. Under Alabama law, that is usually not the case.

Alabama courts have repeatedly held that when an employee is hired through a temporary agency and assigned to work at another business, the worker often has two employers for workers’ compensation purposes. The temporary agency is considered the general employer, and the company where the work is performed is considered the special employer.

What does that mean in practical terms? It means that, in most situations, the injured worker is treated as an employee of both the temp agency and the company where the injury occurred. As a result, workers’ compensation is generally the worker’s exclusive remedy for a job-related injury. The worker typically cannot bring a negligence lawsuit against the company where they were assigned to work, even though that company may have controlled the day-to-day job duties. There are limited exceptions, and these cases can be fact-specific.

In most cases, the temporary agency carries the workers’ compensation insurance that covers the injury. That insurance is responsible for providing medical treatment and any wage-loss benefits owed under Alabama’s Workers’ Compensation Act. The fact that the injury occurred at a different company’s facility does not usually change where the claim is filed.

If you were injured while working through a temporary agency, understanding who is responsible for your workers’ compensation benefits—and what claims are legally available—is an important first step.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you collect.

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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 7 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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+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

What If I Work Through a Temp Agency and Suffer a Job Injury