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Who Is Liable For Work Injury Compensation When A Staffing Agency Is Involved?
When a staffing agency provides workers to an employer, there may be some dispute about responsibility for providing work injury compensation. Learn more about how legal counsel can help settle such disputes.
When an employee becomes injured on the job ensuring that he or she is treated for immediate and long-term effects should be a priority. There is often some question regarding financial responsibility for medical visits, medication and loss of wages. In most cases, worker’s compensation responsibility falls on the employer’s shoulders. In some cases, however, employment may be questionable as well. This is of particular interest when the employee has been supplied to the business via a staffing agency.
Staffing agencies were once mainly responsible for helping companies to secure temporary workers during a host of market situations. During workers’ strikes, for instance, staffing agencies could be contacted to ensure that there were alternative employees to fill gaps. In today’s marketplace, however, many firms turn to staffing agencies to supply long-term employees. The benefits to such contracts are numerous, but one affecting factor is responsibility in certain situations. For companies depending on staffing agencies, a deciding factor is often the notion that the agency will provide insurance in case of employee injury. When payouts may be very high, however, both primary employers and staffing agencies may try to defend themselves from being held accountable.
Legally, employers may imagine loopholes and flexibility where there is none. Lay people hoping to secure insurance payouts to support medical care from work-related injuries may find themselves hindered at every turn as the staffing agency directs them to the primary employer and vice versa. Meanwhile, neither party’s insurance company is likely to give in easily either. For that reason, securing legal counsel may be required. To avoid valuable loss of time, money and health, people who have been injured on their job should secure qualified legal help as soon as possible.
Legal counsel will help injured employees to determine who should be supporting their medical needs. Staffing agencies and hosting employers enter into contracts that designate certain criteria for the work at hand, and these criteria will help to demonstrate which party is responsible for provide workers’ compensation. Typically, the agency and the hosting company are involved in a joint employer relationship, but the host is likely to be responsible for paying for employee medical treatment for work-related injuries. If the staffing agency, however, was primarily responsible for overseeing the work at hand and making sure that safety protocols were followed, it may be held financially responsible for the injuries suffered by employees.
Legal counsel will be prepared to explain the issues at hand and to help the employers to understand the provisions of the law. For more information regarding responsibility for workers compensation after a work-related injury, please visit this website of an experienced employee comp attorney in Wilmington here.
Eric writes often about the legal field. You can find his thoughts at injury law tips blog.
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