There are multiple reasons temporary workers are especially vulnerable to injury in Chicago, including improper and insufficient training, a lack of investigation into a facility’s conditions before the workers begin, and the overall nature of these employees’ work.
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In the event of a staffing agency worker injury in Chicago, call Ankin Law at 312-600-0000 to consult with a workers’ compensation lawyer.
Who Qualifies as a Temporary Worker?
According to the definition under the Occupational Safety and Health Administration (OSHA), a temporary worker is someone who completes work for a host employer on a temporary basis while receiving payment and employment from staffing agencies.
Typically, the staffing agency works with a set of clients who use the agency’s workers to complete tasks that permanent employees are unable to, such as janitorial services, material handling, welding, construction, and many others.
Lack of Safety Training Puts Chicago Temp Workers at Higher Risk
Over the years, statistics have shown that temp workers are more likely to suffer injuries in the workplace. One 5-year study found that these workers are 36-72% more likely to sustain injuries than permanent employees.
There are several reasons these individuals are more vulnerable, including unsafe working conditions for temp workers, a lack of proper inspection from staffing agencies to gauge the safety of facilities, and a general lack of proper safety training.
Insufficient training is one of the main reasons for the increased injury risk, as temp workers may not receive the training they need before taking on work, and the needs of each workplace could differ. It’s up to staffing agencies and host employers to work to minimize the risk of a work-related injury by providing training for incoming temp workers as needed.
How Staffing Agencies and Host Employers Share Liability for Injuries
Depending on the circumstances that led to a work injury, a worker’s staffing agency or host employer could be liable. They may also both be liable in these cases under the OSH Act of 1970, which dictates that these agencies and host employers must work together to provide temp workers with a safe work environment.
Additionally, state laws make these parties liable in the event of work injuries. For example, the state’s Responsible Jobs Creation Act requires host employers to maintain a consistently safe work environment for all the employer’s workers, even if they are not directly paying an agency’s employees for work tasks.
Maintaining a safe worksite could involve clearing the area of avoidable hazards and providing workers with adequate personal protective equipment (PPE). Staffing agencies also have a responsibility to facilitate a safe environment for their employees. For instance, they must:
- Gauge the safety of the host employer’s worksite
- Ensure the host employer adheres to the standards in place for other similar employers
- Provide sufficient training for the agency’s staff to identify hazards
- Track injuries and illnesses
- Maintain responsive communications with workers
- Investigate injuries and illnesses resulting from work
Training Responsibilities
Host employers and staffing agencies must also provide training to workers in different areas. For example, staffing agencies are typically responsible for providing foundational health and safety training for temp workers, helping keep workers aware of risks that could lead to illness or injury.
Meanwhile, host employers must provide more specialized training to help ensure that temp workers can properly and safely complete all required tasks at the worksite. In the process, they might indicate unique hazards and safety protocols.
Any failure of either party to provide adequate training could make them liable for resulting work-related injuries.
Legal Options for Temp Workers Hurt on the Job in Chicago
If you suffer from a work-related injury as a temporary worker, you may be able to take legal actions to recover compensation. In most cases, you would file a workers’ compensation claim with your staffing agency, as this is the primary employer. In a workers’ compensation case, temp workers could attempt to seek financial compensation for medical expenses, lost income, lost earning capacity, and disability.
If needed, workers may also attempt to file a third-party claim or suit against one or more liable parties, including staffing agencies, host employers, and other individuals or entities that might be responsible, such as manufacturers, landowners, and mechanics.
In a third-party personal injury claim, you may be able to recover pain and suffering and other non-economic damages in addition to the economic damages in a workers’ comp case.
How a Workers’ Comp Attorney in Chicago Could Help
Following a work-related accident as a temp worker, one of the most important steps to take is to consult a Chicago temporary worker injury attorney. A lawyer with experience handling these kinds of cases may be able to advise you on the next steps to take and strengthen your claim.
These cases can be particularly complex, as multiple parties might be liable, and many staffing agencies and other companies tend to have the backing of insurers who will do what they can to minimize or reject a claim.
An attorney could inform you of the requirements for workers’ compensation eligibility, including whether your accident occurred within the scope of employment. Additionally, they have a good understanding of common workers’ comp delay tactics, as well as how often workers’ compensation claims are denied and the reasons behind them, enabling them to work to prevent a denial.
If you have a valid workers’ comp claim because of an injurious or fatal accident involving a temp worker, be sure to turn to workers’ compensation attorneys with experience working with these cases. These lawyers might be able to determine whether a staffing agency, host employer, or multiple liable parties are involved, and file a third-party injury claim.
To learn about your options after an accident on the job, Ankin Law, contact us today for a free consultation with an attorney.
