When an employee is injured at work, we always tell our clients that they should file a claim with their employer as soon as possible. However, if you work for a temporary agency you might be wondering, how does that work for me? Can I still file a claim if I work for a temporary staffing agency?
When clients ask me this, my response is “Yes!” You absolutely can still file a workman’s comp claim if you work for a temp agency. Under the NC Workers’ Comp Act, you are entitled to benefits.
Generally, claims are still filed in the same way a permanent employee would; however, the key difference is that you are filing a claim against the temporary work agency and the insurance company not the contracted employer.
If you are injured as a temporary employee then you must inform both your temporary work agency and the employer you are doing work for. For instance, let’s say you’re employed by ABC Staffing Agency, and they place you at Bob’s Truck Shop. You begin work there and things are going well, but one day an accident occurs and you break your arm. You must file an incident report detailing the accident and your injury with both Bob’s Truck Shop and ABC Staffing Agency.
If you work for a temporary staffing agency and are injured while on the job, you have rights and may be entitled to benefits. At Oxner+Permar, we have experience working with all kinds of employees, and we’re dedicated to making sure that you receive the settlement that you deserve.
Now here’s a dilemma for you:
You go on a mandatory work related trip to a conference. As part of this conference, a laser tag event is hosted by the conference. Your participation in this laser tag event will be beneficial for business connections and is encouraged by your employer, so you decide to join in. You’re having a great time running around and shooting at your business partners and competitors. It’s all fun and games — until you injure your knee.
The question becomes: Can you file for workers’ compensation under these circumstances? This is exactly the scenario in which one North Carolina man found himself. His injury had cost him in medical care expenses and in time off from work. Because his injury had occurred during a company event, he believed that workers’ compensation should cover him. The insurance company did not agree.
When brought before the North Carolina Court of Appeals last year, the court ruled in favor of the injured worker. The court felt that the case met their six criteria for determining compensation for work-sponsored recreational activities. These criteria all determine whether the event truly was mandatory, and to what extent the event was supported by the employer.
As you can see, not everything with workers’ compensation is cut and dry. There can be a lot of room for interpretation and debate. If you find yourself injured at work, don’t hesitate to contact one of our experienced attorneys. At Oxner + Permar, we are passionate about exploring possibilities and options with our clients so that we can find the best solution for you. We’re not afraid to fight for your rights.
So you’ve been injured at work. You’ve got your weekly benefits agreed upon. So what’s next? Is that all the money you’ll receive? Or do you get a settlement? The good news is YES! You do get a settlement.
There are all sorts of expenses to consider after you’ve been hurt at work. For instance you might need to search for a new line of employment. In that case you might need to be compensated for vocational training and time missed from work while searching for a new job. It’s also possible that you might need additional medical treatment in the future as a result of your injury. You would need compensation for these future medical expenses.
When you file for workers’ compensation, you are given a rating, and you are entitled to the value of that rating. However, just because you receive the same rating as someone else doesn’t mean that you’re going to receive the same settlement that they did. Every case is evaluated independently because the circumstances of your injury are specific to your case.
Settlements will range based on the value of your claim. There are many factors that will be taken into consideration when deciding your settlement such as how you were injured, how severe your injury is, and the amount of work you’ve had to miss.
One of the advantages to working with an attorney is that we can explain the value of your claim and what you should receive as a reasonable settlement. Don’t let the insurance company sell you short. Contact one of our experienced attorneys for a free consultation.
If you’re on Medicare, you may be concerned about how a workers’ compensation claim might affect your benefits. While they do affect each other, the good news is that the two systems are designed to work together to ensure that you are being covered during your treatment.
Often, there is a fairly lengthy gap between the time you start receiving treatment and when your workman’s comp benefits kick in. However, you will still be responsible for the costs of that treatment. Medicare is not allowed to cover medical bills that should be covered by workman’s comp within the first 120 days of your case. This means that the upfront costs of your treatment will have to be paid out of pocket until your workers’ comp comes through.
Those upfront costs are definitely not in everyone’s budget. So what’s the solution? Medicare offers something called “conditional payments.” This means your medicare covers the upfront costs of treatment; however, when you receive your workers’ comp settlement, you will have to pay medicare back for those expenses.
If you want to set up this kind of arrangement, you or your lawyer will need to tell your recovery contractor. You may also want to set up a Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA). A WCMSA is not required; however, they can make paying back medicare easier.
If your workman’s compensation claim is denied, you need to show proof of denial to medicare. After you have proven that you will not be receiving workers’ comp benefits, medicare will cover all typically covered expenses.
This is it. You’re at the breaking point. Your workers’ compensation benefits have been unfairly denied and your employer and their insurance adjuster are refusing to negotiate with you. You’re ready to get the benefits you deserve. You’re ready to take legal action.
At this point, I find the first questions many clients have are “Am I suing my employer? The insurance company? Both?” When it comes to a workman’s compensation case, you are technically suing both your employer and the insurance company.
However, the insurance company is the “paying” party. This is because your employer’s responsibility lies in paying the workers’ comp premiums to cover their employees in the first place. When you are injured at work, your employer’s workman’s compensation insurance covers your medical expenses and time missed from work. They also make the call on whether or not they can compensate you.
That’s why Oxner + Permar deals directly with the insurance company — not your employer. We work with you to make sure that you are getting the benefits and the settlement that you deserve. You are entitled to a settlement at the end of your treatment, and that treatment will be paid for by the insurance company with the consent of your employer.
