Content reviewed by:
Alex Shulman
Many temporary workers in New York can receive workers‘ compensation benefits after getting hurt on the job. Some injuries may involve claims against other parties connected to the accident. The answer depends on where the worker was assigned, who employed them, and how the injury happened.
Construction sites, warehouses, schools, hospitals, transportation departments, and many other workplaces across New York rely on short-term workers every day. After an injury, workers are often unsure whether the staffing agency or the company where they worked is responsible for providing benefits.
Our Manhattan workers’ compensation lawyer will help you understand who may be responsible for benefits after a job site injury.
How Workers’ Compensation Applies to Temporary Workers
The workers’ compensation system provides benefits to employees who suffer injuries or illnesses related to their work. These benefits may include medical treatment, a portion of lost wages, and disability benefits.
Under New York Workers’ Compensation Law § 10, employers generally must provide workers’ compensation coverage for employees who suffer work-related injuries.
Temporary employees often qualify for these benefits even if:
- They recently started the job.
- They work part-time.
- They are assigned through a staffing agency.
- They expected the assignment to last only a short time.
The fact that a worker holds a temporary assignment does not automatically prevent them from accessing benefits.
Who Provides Benefits After a Temporary Worker is Hurt?
One of the first questions injured workers ask is who is responsible for the claim. The answer often depends on the employee arrangement. In many situations, a staffing agency serves as the workers’ official employer.
The staffing agency may carry the workers’ compensation insurance that provides benefits after an injury. In other situations, the company where the worker performs the job may have responsibilities related to the claim.
Determining which company controls the work, supervises the worker, and provides insurance coverage can take careful investigation. We will review employment contracts, staffing agreements, payroll records, and workplace records, which may all play a role in determining how the claim moves forward.
What Benefits May Be Available for a Work Injury?
Depending on the circumstances, benefits may include:
- Medical care related to the injury
- Surgery and hospital treatment
- Physical therapy
- Prescription medications
- Travel expenses related to approved medical care
- Partial wage replacement benefits
- Permanent disability benefits when applicable
Many workers are surprised to learn that they may qualify for benefits even if they continue working in some capacity. Our work injury lawyers will explain what benefits you may be able to receive.
Common Job Site Injuries Involving Temporary Workers
Employees on short-term work assignments can perform physically demanding jobs. Some assignments involve work sites, equipment, or procedures that they may not be familiar with. These can lead to injuries from:
- Falls from ladders, scaffolds, or elevated surfaces
- Slip and fall accidents
- Struck-by object injuries
- Forklift accidents
- Machinery accidents
- Repetitive stress injuries
- Back injuries
- Neck injuries
- Fractures
- Traumatic brain injuries
- Electrical injuries
Construction workers face some of the highest injury risks. New York construction sites often involve multiple contractors, subcontractors, property owners, and staffing companies working together at the same location. This can create additional legal issues when someone gets hurt.
Can a Temporary Worker File a Lawsuit for a Job-Related Injury?
Workers’ compensation benefits generally prevent employees from suing their direct employer for workplace injuries. If a job-site accident involves a party other than the employer, they may be able to file a lawsuit against that party.
This type of case, called a third-party lawsuit, may allow recovery for losses that workers’ compensation does not cover, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Depending on the situation, liable parties can be property owners, general contractors, subcontractors, equipment manufacturers, maintenance companies, and delivery companies working at the site.
Special Rules for New York Construction Accidents
New York construction workers may have legal protections beyond workers’ compensation benefits. Some cases involve New York Labor Law §§ 200, 240, and 241.
- Labor Law § 200 addresses workplace safety and dangerous conditions on a job site.
- Labor Law § 240, often called the Scaffold Law, applies to many falls from heights and injuries caused by falling objects.
- Labor Law § 241 establishes safety requirements for many types of construction work.
Temporary construction workers may qualify for protections under these laws if they were performing covered work at the time of the accident.
Our work accident lawyers have extensive experience handling New York Labor Law claims and investigating complex construction site accidents to identify all potentially responsible parties.
What Happens if the Insurance Company Disputes the Claim?
Disputes over a claim can delay benefits and create financial stress for injured workers. An insurance company can challenge a claim for various reasons. It may say an injury did not happen at work or that the worker was not an employee when the injury happened.
They could also argue that the injury existed before the accident or that medical treatment was not necessary. We gather information that supports a claim for losses, including health records, statements from witnesses, accident reports, employment documents, and other evidence.
Deadlines for Filing a Workers’ Compensation Claim in New York
Under New York Workers’ Compensation Law § 28, a claim generally must be filed within two years of the accident or the date the worker learned the condition was related to the job. Injured workers must also notify their employer of a work-related injury within 30 days.
For temporary employees who can pursue a separate injury lawsuit against a third party, the state requires that you file within three years of the accident under NY CPLR § 214(5). Different rules and shorter deadlines may apply in some cases, particularly when a government entity is involved.
Workers’ compensation claims and third-party lawsuits can have different filing requirements. Our team will determine early which deadlines apply to your situation.
Get Help After a Temporary Worker Job Site Injury in New York
A job site injury involving a temporary worker can raise questions about workers’ compensation benefits, third-party liability, and which company may be responsible. Coverage often depends on the worker’s assignment, the circumstances of the accident, and the parties involved.
Shulman & Hill represents injured workers across New York in workers’ compensation and related personal injury matters. Since 2013, our firm has recovered more than $1 billion for injured clients and has served over 26,000 people throughout New York communities.
Our Manhattan personal injury lawyers draw from more than 200 years of combined experience as we investigate workplace accidents, identify available legal options, and pursue all appropriate sources of recovery. There are no upfront fees, and you pay nothing unless we recover compensation for you. Call today for a free case review. New York, We Got You.
