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Can I Seek Workers’ Compensation If I Was Employed Through A Staffing Agency?

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Millions of Floridians find employment through staffing agencies. If you are one of them, can you seek workers’ compensation if you get injured at work? Or does the fact that you were employed through a staffing agency prevent you from obtaining workers’ comp benefits?

In order to answer that question, it is important to review the terms and conditions of your contract and determine whether you are classified as an employee or an independent contract.

If you have been injured at work, speak with a Tampa workers’ compensation attorney to review your employment agreement and help you understand your rights.

Are Employees Employed Through Staffing Agencies Entitled to Workers’ Compensation?

Generally, workers employed through staffing agencies, also known as job placement agencies, are entitled to the same workers’ compensation benefits as workers employed directly by the employer.

Under Florida law, employers with at least four employees must purchase workers’ compensation insurance to cover their employees in the event of a work-related injury or illness. For employers in the construction industry, workers’ comp insurance is required if they have at least one employee.

From the legal perspective, workers employed through a staffing agency are considered the employees of the agency. For this reason, staffing agencies have a legal obligation to carry workers’ comp insurance coverage if they have the required number of employees to purchase insurance.

In addition, the staffing agency must make sure that the amount of workers’ compensation coverage is sufficient to cover the injured employee’s medical expenses and lost wages.

If your staffing agency does not have workers’ compensation insurance or its coverage limits are not sufficient to cover your damages, you may be able to sue the agency to recover damages. However, suing a staffing agency – or an employer, for that matter – is not always possible. Consult with an attorney in this situation.

What to Do if I Was Injured as a Temporary Worker in Florida?

If you are a temporary worker who has been employed through a staffing agency and you get injured at work, follow these steps to ensure that you obtain fair compensation for your injury:

  1. Notify your employer of your work-related injury within 30 days of the workplace accident (Fla. Stat. § 440.185). Failure to report your injury within the applicable timeframe can result in the denial of your claim. If you were employed through a staffing agency, you should notify both the agency and your client company.
  2. Fill out a form provided by the company. Depending on the terms of your employment contract, you will receive a form to obtain workers’ compensation benefits from either your staffing agency or client company.
  3. Contact a workers’ compensation lawyer. You are more likely to encounter difficulties in seeking workers’ compensation benefits as a temporary worker employed through a staffing agency than an employee who was directly employed by an employer. For this reason, it is highly advised to seek the legal counsel of an experienced lawyer to help obtain the compensation to which you are entitled.

Contact our Tampa workers’ compensation lawyer at Kobal Law to discuss your case if you were injured as a temporary worker. Call 813-873-2440.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.185.html

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