Occupational Safety & Health Administration (OSHA) issues first guidance document regarding temporary workers.
OSHA has launched a new program called the Temporary Worker Initiative (TWI). Its purpose is to focus on issues related to safety and health of temporary workers employed by staffing agencies and host employers. You can read TWI Bulletin No. 1 regarding injury and illness recordkeeping requirements here.
OSHA makes clear that both staffing agencies and host employers have roles in complying with workplace health and safety. “While the extent of responsibility under the law of staffing agencies and host employers is dependent on the specific facts of each case, staffing agencies and host employers are jointly responsible for maintaining a safe work environment for temporary workers.”
We believe this is a very important issue that does not get much attention. Our experience has shown that temporary workers are frequently treated like second-class citizens. Here is what temporary employers should know about workers comp issues in Michigan.
Temporary employees who are hurt on-the-job can make a claim for workers comp benefits. It does not matter who is at fault or how the injury occurred. Automatic benefits include lost wages, vocational rehabilitation, and unlimited medical treatment.
Workers comp is the exclusive remedy meaning you cannot sue for civil damages like pain and suffering. The temp service or labor broker is primarily responsible for paying workers comp. Michigan courts have found that a host employer is generally extended the same protection under the law.
However, you can sue a third-party for additional damages if they were at fault for the accident. These types of cases typically involve defective machines and equipment.
Michigan Workers Comp Lawyers never charges a fee to evaluate a case. We have represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation.
Photo courtesy of Creative Commons, by toolstop.