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Temps & Workers Comp
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We have a temp in a warehouse that came from an agency. He was hurt while working on the dock. I believe the agency's worker comp coverage handles this...is this correct? As the employer, do we have a
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Temps & Workers Comp
posted at 4/28/2010 6:13 AM EDT
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Posts: 38
First: 7/8/2008 Last: 11/18/2010 |
We have a temp in a warehouse that came from an agency. He was hurt while working on the dock. I believe the agency's worker comp coverage handles this...is this correct? As the employer, do we have any legal responsibilies? |
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Temps & Workers Comp
posted at 4/28/2010 6:25 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
It is going to depend on your contract with that agency. You need to discuss this with them. It should have been something that was spelled out in the original contract. That is, which side had certain responsibilities. Usually temp agencies DO take care of all pay, benefits, insurance etc. But I wouldn't make that assumption without having it in writing.
In the past at WC audit time, how have you classified these employees? Has the carrier asked for proof that they are covered under another WC insurance plan? Hopefully the agencies WC plan has been done correctly and that they are classifying these employees correctly there. Again something I would ask to see from any temp agency I did business with...prior to there ever being an issue. |
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Temps & Workers Comp
posted at 4/28/2010 7:34 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Question 31-1. How is the term"supervised" in section 1904.31 defined for the purpose of determining whether the host employer must record the work-related injuries and illnesses of employees obtained from a temporary help service?
The host employer must record the recordable injuries and illnesses of employees not on its payroll if it supervises them on a day-to-day basis. Day-to-day supervision occurs when "in addition to specifying the output, product or result to be accomplished by the person's work, the employer supervises the details, means, methods and processes by which the work is to be accomplished." Question 31-2. If a temporary personnel agency sends its employees to work in an establishment that is not required to keep OSHA records, does the agency have to record the recordable injuries and illnesses of these employees? A temporary personnel agency need not record injuries and illnesses of those employees that are supervised on a day-to-day basis by another employer. The temporary personnel agency must record the recordable injuries and illnesses of those employees it supervises on a day to day basis, even if these employees perform work for an employer who is not covered by the recordkeeping rule. from http://www.osha.gov/recordkeeping/detailedfaq.html |
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