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If I payrolled an individual through a temp agency to complete a temporary assignment and that individual was hurt while on site at my facility, would the company be liabile in any way?
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Contract/Temporary Employees

posted at 3/19/2010 3:37 AM EDT
Posts: 16
First: 8/9/2007
Last: 3/9/2011
If I payrolled an individual through a temp agency to complete a temporary assignment and that individual was hurt while on site at my facility, would the company be liabile in any way?

Contract/Temporary Employees

posted at 3/19/2010 4:28 AM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
That would depend on a number of things. If the temp agency is providing the workers comp insurance and the injury was compensable under WC, probably not. But if the temp agency doesn't carry WC for its workers or if the injury was the result of negligence on the company's part, then most definitely yes.

Contract/Temporary Employees

posted at 3/19/2010 5:19 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Agree that you need to look at the contract between your company and the temp agency. I know that every yr during our WC audit they ask about anyone we paid other than employees....and we have to prove other coverage otherwise we are charged for them.

You also need to check your state's WC laws. Hopefully you have a good insurance broker -- that and the carrier would be where I would ask after looking at the contract.

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