It is common for people to locate work through a temp agency. These agencies find short-term work on projects or jobs that could lead to permanent employment. Temp work also provides workers the opportunity to experience various fields and companies before they settle on something more permanent.
What happens if you get hurt while working a temp job? Do you sue the company or the temp agency? Should you file claims against both? The following will give you a foundation to understand your rights if you were hurt at a temp job.
Both the temp agency and company almost always refuse to pay
When something goes wrong, it is human nature to want to blame someone. Additionally, many people will go out of their way to avoid taking responsibility.
For temp agencies, that generally means they will try to blame the company the injured employee went to work for. The companies, on the other hand, almost always try to claim the the injured temp worker isn’t actually their employee, so they don’t owe anything. When there is no workers’ comp set in place, there are three principles to keep in mind.
As a general rule, you are technically employed by the temp agency. The agency “leases” your services to the company in question. This means the temp agency you work for does have a certain responsibility to keep you safe.
It is also the duty of the company you are sent to work for to provide a safe working environment. Although the company is not technically your employer, you are on their property. That means there are steps they must take to ensure that no one is hurt at work.
Both the company and the temp agency will attempt to argue the fact that you are an independent contractor if you get a work injury. This lowers their risk of exposure to legal trouble. The law insists employers do all they can to protect their employees. However, the law doesn’t require as much from companies that employ contractors.
Regulations involving injuries on temp jobs can be complex. Understand that work injury attorneys from both entities will attempt to claim you are the responsible party, and therefore, they owe you nothing.
The entity responsible for your accident is an open for debate
When you have been hurt at work, you may think you know what happened and exactly who is responsible. However, lawyers know that the circumstances surrounding work injuries can become complicated. For example, you may know it was a co-worker from a temp agency that injured you, but who is ultimately responsible for their negligence? Maybe a machine fell on you, but that may be the fault of a flaw in the machine itself. In that case, you could have a products liability claim on your hands, rather than an on the job injury lawsuit.
You may not be wrong about who is at fault, but understand there could be additional parties to pursue for damages. The important thing is that you get the money you deserve for your pain and suffering. This means you will need an attorney who holds broad experience in investigating all aspects of a work injury accident. Ideally, they will also be experienced in the entire spectrum of personal injury law.
Find the best hurt at work lawyer in Amarillo and Lubbock, Texas
If you have experienced a work injury at a temp job, contact Attorney Dean Boyd today. Our experienced team can help you get the money you deserve after your injury. You can call us at (806) 242-3333 or Contact Us via email for your free case evaluation. You can also visit us in person at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas to learn more about our services.