Temporary workers are eligible for workers' compensation benefits in New York. Your employment status as a temp worker doesn't disqualify you from coverage. Whether you work through a staffing agency or get hired for a short-term project, you have the same rights as permanent employees when you get injured on the job.
Does It Matter If I Work Through A Staffing Agency?
Working through a staffing agency doesn't change your eligibility. The staffing agency typically carries the workers' compensation insurance and handles your claim. In some situations, the company where you actually perform work might be responsible instead. Either way, you're covered. If there's confusion about which entity should pay your claim, that's not your burden. A Queens Workers' Comp Lawyer can identify the right insurance carrier and make sure your benefits aren't delayed while companies figure out their responsibilities.
What If My Assignment Was Only Supposed To Last A Few Days?
The length of your assignment doesn't affect your coverage. You could be on a one-day assignment or a six-month placement. If you get hurt while performing work duties, you qualify for benefits. There's no minimum employment period required under New York law.
Am I Covered During Training Or Orientation?
Yes, workers' compensation coverage typically starts as soon as your employment begins, which includes training and orientation. If you're injured during a safety demonstration or while learning job procedures, those injuries are compensable.
Who Do I Report My Injury To?
You need to report your workplace injury to both your staffing agency and the on-site supervisor where you were working. Don't assume one will notify the other. Make the reports separately and document both notifications. Quick reporting matters. Delays can give insurance companies reasons to question whether your injury really happened at work. According to the New York State Workers Compensation Board, workers should notify their employer as soon as possible after an injury occurs.
What Happens If the Agency Says I Was An Independent Contractor?
Some staffing agencies misclassify workers as independent contractors to avoid providing workers' compensation coverage. This misclassification is often incorrect. The legal test for employee status looks at factors like:
- Who controls how you perform your work
- Whether you use the company's tools and equipment
- How you're paid
- Whether you work for multiple companies simultaneously
Just because an agency calls you an independent contractor doesn't make it true. If they control your schedule, provide equipment, and tell you how to do your job, you're probably an employee entitled to coverage.
Can I Be Fired For Filing A Workers' Comp Claim?
No, New York law prohibits retaliation against workers who file legitimate workers' compensation claims. If a staffing agency stops giving you assignments after you report an injury, that could be illegal retaliation. Many temp workers worry about losing future placements if they file claims. This fear keeps some people from reporting legitimate injuries. Don't let that fear stop you from getting medical care and benefits you're entitled to receive.
Why Do Insurance Companies Deny Temp Worker Claims?
Insurance carriers sometimes deny temp worker claims based on employment status arguments. They might claim you weren't really an employee, or that your injury happened before or after your actual work hours. These denials often don't hold up when challenged properly. Working with Polsky, Shouldice & Rosen, P.C. means having someone review the denial reasons and determine whether they're valid. Many denials are based on technicalities that can be overcome with the right documentation and legal arguments.
Do I Need A Lawyer For A Temp Worker Claim?
You're not required to have legal representation, but temporary employment situations often involve complications that permanent employees don't face. Questions about who carries the insurance, disputes over employment status, and concerns about future assignments can all make these claims more difficult to handle alone. A Queens Workers' Comp Lawyer can handle the paperwork, communicate with the insurance carrier, and make sure you receive all the benefits you deserve. Your temporary job status shouldn't prevent you from getting fair treatment under New York workers' compensation law. Contact us today.
