Employees hired by a temporary staffing agency that get hurt on the job are generally entitled to workers compensation benefits. That’s important to understand in Central Pennsylvania. Central Pennsylvania, particularly along the Interstate 81 Corridor in Greencastle, Chambersburg, Shippensburg, Newville, and Carlisle areas, have seen dramatic growth of warehouses and distribution centers. Many of these warehouses employ workers through temporary staffing agencies.
Warehouses utilize temporary staffing agencies for a number of reasons. First, they use staffing agencies to quickly staff their facilities during peak seasons, such as the holidays. Second, they utilize staffing agencies to test employees for a period of time to determine if they wish to hire them permanently. Third, warehouses like to avoid expensive benefits and passing those costs to temporary staffing agencies make economical sense for them. Fourth, employees come and go in the warehousing industry and temporary staffing agencies can fill open positions quicker and cheaper than the warehouses themselves. These reasons are certainly not exclusive. Additionally, in some locations, such as Procter & Gamble in Shippensburg and Amazon Distribution Center in Carlisle, multiple temporary staffing agencies employ workers within the facilities.
Some injured workers who work for a temporary staffing agency seem confused as to who their actual employer is when filing a workers compensation claim. In other words, for purposes of workers compensation, are they covered by the temporary staffing agency or the warehouse or manufacturer facility where they actually work and get injured. The simple answer is — the actual employer responsible for workers compensation is the temporary staffing agency, unless of course the injured worker was hired on permanently prior to the occurrence of the work injury. If the injured worker is still getting paid by the temporary staffing agency, then the temporary staffing agency is the responsible employer. Don’t let co-workers, supervisors, or a temporary agency tell you that you can’t report an injury, that you are not covered by workers compensation because you are a temporary employee, or that your condition is not work-related.
You want answers? Call Mooney Law. We represent many injured workers throughout Central Pennsylvania that are employed with various temporary staffing agencies. We have recovered millions of dollars in benefits for temporary staffing employees. Before signing anything or taking any advice from others, contact Mooney Law for a FREE consultation at 717-200-HELP.