If you work as a temporary employee through an agency in North Carolina, you face a greater risk of workplace injury than most of your permanently employed peers. Studies consistently show that temporary workers sustain injuries at higher rates than permanent workers, likely due to factors like shorter job tenure and less safety training. Despite that risk, after suffering an on-the-job injury as a temp worker, you’ll likely find that the workers’ compensation process is more complicated than you expected.
Here’s what you need to know about how workers’ comp applies to temporary workers and what you can do to protect your claim.
Why Are Temporary Agency Injuries Complicated?
Temp agency employee injury claims involve complex dynamics that don’t appear in most workplace injury cases. This is largely because temp workers have two employers instead of one.
When a staffing agency places you at a host employer’s worksite, both entities may have some degree of control over your work and some responsibility for insurance coverage. If you get hurt on the job, both may try to point the finger at the other when it comes to coverage obligations. That can create real problems at a time when you just need help with your medical bills and lost wages.
Are Temporary Employees Covered by North Carolina Workers’ Compensation?
North Carolina law covers most temporary employees under the same Workers’ Compensation Act that protects permanent workers. If you work for an employer that regularly employs three or more workers, that employer typically must carry workers’ compensation insurance. This is true whether the employer is a staffing agency, a host employer, or both.
As a temporary worker, you have the right to pursue benefits for an injury you sustain while on the job. The fact that your assignment is temporary or that you work at a host employer’s facility rather than your staffing agency’s office doesn’t disqualify you from workers’ comp coverage. It also doesn’t matter how long you have worked there. What matters is whether the injury is from an accident that occurred while you’re at work and performing job duties.
However, some employers misclassify temporary employees as independent contractors to avoid paying workers’ compensation benefits. Still, if you are working through a temporary employment agency, you may be considered employed and eligible for workers’ comp. Our experienced attorneys can review your case and determine if you have been incorrectly classified as an independent contractor. If we find the company misclassified you, we’ll fight to prove employee status and claim your rightful benefits. That is an issue on which we have won many cases.*
Who Is Responsible for Providing Workers’ Compensation Coverage?
In most cases, the temp agencies in North Carolina carry the workers’ compensation insurance and bear primary responsibility for coverage. Because the staffing agency is typically your direct employer of record, its policy is likely the one that applies when you get hurt.
Your host employer may also be liable in certain circumstances. Some arrangements involve agreements between the staffing firm and the host employer that alter coverage obligations, which can significantly complicate your claim.
The bottom line is that coverage responsibility in temp worker cases isn’t always obvious, and disputes between the employers who pay for benefits are common. Our workers’ comp attorneys can help you sort through the uncertainty and identify the correct insurance policies.
How Do You Calculate the Average Weekly Wage of a Temporary Worker?
The source of much litigation in recent years in North Carolina is how to calculate the injured worker’s pre-accident average weekly wage (AWW). Was the temp working under an indefinite time period for the company where they were doing the work? If so, chances are the AWW will be calculated by dividing the gross amount earned on that job by the number of weeks they actually worked there. Nay v. Cornerstone Staffing Sols., 380 N.C. 66, 867 S.E.2d 646 (2022) If, however, the understanding was that the worker was to be there for a set period, the average weekly wage might be calculated by dividing the gross amount earned by 52 weeks. That would probably yield a much lower AWW. Tedder v. A & K Enterprises, 238 N.C. App. 169, 767 S.E.2d 98 (2014). This issue is much more complicated than can be explained here. An experienced North Carolina workers’ comp lawyer at Younce, Vtipil, Baznik & Banks can help sort this out.
Workers’ Comp Benefits for Injured Temporary Employees
If you qualify for workers’ compensation benefits as a temp worker in North Carolina, you may be entitled to:
- Medical benefits – Your workers’ compensation can cover all reasonably necessary medical treatment related to your injury. Travel reimbursement is also available if you must go more than 20 miles round-trip for medical care (C.G.S. §§ 97-2, 97-25).
- Temporary total disability (TTD) benefits – If your injury leaves you completely unable to work, TTD benefits can replace two-thirds of your average weekly wage, up to a set maximum. Your first seven days of missed work are unpaid unless your disability lasts more than 21 days, at which point those initial days get covered retroactively (C.G.S. § 97-29).
- Temporary partial disability (TPD) benefits – If you can return to work in a reduced capacity but earn less than before because of your injury, you could receive TPD benefits. These cover two-thirds of the gap between what you earned before your injury and what you can earn now (C.G.S. § 97-30).
- Permanent partial disability (PPD) benefits – If your physician determines that you have sustained a lasting impairment, you could receive PPD benefits. North Carolina law assigns a specific number of compensable weeks to each body part for these benefits. Your PPD benefit amount is based on the disability rating your doctor assigns, the weeks allocated to that body part, and your average weekly wage (C.G.S. § 97-31).
- Permanent total disability benefits – If you are permanently and completely unable to work in any capacity due to severe injuries, North Carolina may provide PTD benefits. These benefits are paid at the same rate as TTD but may be available for life (C.G.S. § 97-29).
When Third-Party Claims Apply to Injured Temp Workers
In exchange for providing employees with workers’ comp insurance, employers are immune from lawsuits related to on-the-job injuries in nearly all circumstances (N.C.G.S. § 97-10.1). However, the host company won’t qualify for this immunity if they are explicitly not considered your employer (Gregory v. Pearson, 736 S.E.2d 577 (N.C. App. 2012)). This means that you may be able to file a personal injury lawsuit against them if their negligence led to your injuries. Others on the job site, such as contractors, vendors, or co-workers, may also be liable if they caused your injury since they are not your employer.
A third-party personal injury claim can provide you with additional compensation, including pain and suffering, and there will be no limits on your compensation for lost income or medical bills. Our knowledgeable attorneys in Raleigh, North Carolina can help you evaluate all your options for seeking financial recovery.
What to Do If You’re Injured on the Job as a Temporary Employee
The actions you take immediately after a workplace injury can make or break your workers’ compensation claim – and as a temp employee, the stakes are even higher. With two employers potentially in the picture, there’s less room for error, and insurers are always looking for reasons to deny a claim or minimize the amount of compensation paid.
Here are some steps you can take to protect your rights from the start:
- Get medical attention right away. Your health comes first. You should see a doctor after any workplace accident in which you are hurt. Prompt medical care also creates an official record that documents your injuries and their connection to the workplace accident.
- Follow your doctor’s treatment plan consistently. Gaps in medical treatment give insurers ammunition to argue that your injury isn’t work-related or as serious as you claim. Attend every appointment and follow your healthcare provider’s instructions.
- Report the injury to your employer as soon as possible. You should notify both your staffing agency and the host employer where the injury occurred. Provide this notice in writing so you have a record.
- Keep detailed documentation related to your injury. Hold on to all medical records, bills, and treatment notes. Write down the details of the accident while they’re fresh in your memory, including the names of potential witnesses. Save copies of any correspondence you send to or receive from your staffing agency, your host employer, or their insurance carriers.
- Contact a workers’ comp attorney as soon as possible. An experienced lawyer at Younce, Vtipil, Baznik & Banks in Raleigh can help you document your injury, file your claim, review any settlement offers, and negotiate for the full benefits you are owed. They can also identify any third-party claims you may be able to pursue.
Should You Get Legal Help for Workers’ Comp Claims as a Temporary Employee?
Temp agency workers’ compensation cases are rarely straightforward. Disputes over coverage responsibility are common when two employers and potentially two insurers are involved. An attorney who knows North Carolina workers’ compensation law can identify who owes you benefits, gather the evidence to support your claim, and push back when an insurer tries to delay or deny payment.
At Younce, Vtipil, Baznik & Banks, we’ve spent decades fighting for injured workers throughout North Carolina. A free consultation costs you nothing, but it could provide the legal guidance you need to move forward with your life.
Call Our Workers’ Compensation Lawyers in Raleigh, NC, for Help
If you suffered an injury at work as a temporary employee in North Carolina, don’t try to sort out everything on your own. The attorneys at Younce, Vtipil, Baznik & Banks are here to help.
Our dedicated team brings more than 100 years of combined legal experience to every case we take on. We have secured millions of dollars in workers’ compensation benefits as well as millions of dollars in compensation from negligent third-parties for employees injured in workplace accidents.*
When you come to us, you work directly with a dedicated legal team that stays with you from your first call to your final resolution. Here’s what that kind of representation means in the words of one of the many people we’ve helped:
“Mr. Baznik handled my workers compensation case and stayed well ahead of it. Always keeping me informed and going the extra mile for my needs. I’m so glad I chose to call Joe Baznik and will use his team again if I ever need an attorney.” – Jon Connell
Contact our team now to get started with your free initial consultation.
*Each case is unique, and past results do not guarantee future outcomes.
About the Author
David E. Vtipil
David Vtipil is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers' compensation. David E. Vtipil was selected by his peers for inclusion in the 21st Edition of The Best Lawyers in America in the field of Workers’ Compensation Law.
