Injured while working a job for your construction temp agency? You likely qualify for workers’ compensation.

Feb 16 2016

We often hear about Denver construction workers who are injured on the job and never file for workers’ compensation. Usually, it’s because they don’t believe they qualify. Our response? Assume the opposite. Even if you were working a job through a temp agency like Trillium Staffing or Tradesman International, you qualify for workers’ compensation.

If you go to your temp agency’s website, you may find language about limiting workers’ compensation exposure. This language is intended to sell your services to the business or government entity that needs construction workers for a job. It does not limit your right to workers’ compensation. Just like any employer, your temp agency is required to carry workers’ compensation.

How should you approach your claim?

The normal rules can seem fuzzy when you are working for a temp agency. To whom do you report your injury? How do you file a claim? Who is it against?

As soon as you know you are injured, report the injury to both your supervisor on the job and your staffing agency. Do this in writing. Your claim will likely be with your staffing agency’s insurer, but there are some instances where this is not the case. You shouldn’t have to worry about these details. The insurance carrier managing your claim will be in touch with you within seven days.

No matter what, we strongly recommend working with an attorney to manage your claim. If issues related to your employment status, your agency’s workers’ compensation coverage or other subjects arise, an attorney can address them quickly.

You can afford an attorney to help you.

Another reason many employees of construction temp agencies shy away from bringing a workers’ compensation claim is because they feel they cannot afford an attorney to help them. This is simply not true. Work comp lawyers work on a contingency fee basis and are paid by the insurance companies after claims are settled. That means you don’t have to worry about how you are going to pay for your attorney out-of-pocket. If your claim is denied, you won’t need to pay your attorney fees. If you get compensation, the insurer will pay your attorney. It’s as simple as that.

Still wondering if you should file? Don’t delay any longer.

If you were injured while working on a construction job, you likely qualify for workers’ compensation. It will not hurt you to schedule a free consultation with a workers’ compensation lawyer. It will hurt you to wait too long. If you wait to report your injury to your employer, you may lose your ability to file your claim. Don’t lose that money. You should be able to recover compensation for all reasonable and necessary medical care related to your work accident, the work shifts you missed and permanent injuries.