Clients sometimes ask us, if I work for a temporary employment agency and was assigned out to a factory by the agency. I was injured while working in the factory and need medical treatment. Both the agency and the factory refuse to help me. Can I file for Workers Compensation? Who do I file against?
Yes, you are entitled to Worker’s Compensation benefits as are all workers employed in New Jersey. Your claim is primarily against the temporary employment agency; however, if the agency does not have insurance or refuses to provide insurance information, you can file a secondary claim against the company you were assigned to, as they should make sure the agency has insurance before accepting workers.
Because you must go to a doctor authorized by the Workers’ Compensation insurance company and the longer you wait to get treatment the more difficult it will be for the doctors to relate your injuries to the work accident, I advise you to discuss this matter with an attorney as soon as possible. Make sure you have the name and address of both the temporary agency and the factory you were assigned to when you see the attorney, so the investigation into all available Workers’ Compensation insurance can start right away.