Use of temporary employees can really help a business reduce overall staffing costs while allowing for your regular full-time and part-time employees to not get burned out during busy seasons. If you are a business who uses temp employees, it is important to know what New York State says about workers’ compensation insurance and who is responsible for carrying the necessary policies.
As a Business Using Temporary Employees in New York, you may not, as a business: “borrow” employees from another business unless both businesses are carrying their own workers’ compensation and disability insurance in your legal names. An exception would be if a business obtains ALL employees from a Temporary Service Agency. These workers would be employees of the temp agency and not the physical business they are working at. That temp agency must have a full NYS workers’ compensation insurance policy and directly pay the individuals, provide their direction/control, and maintain the ability to hire and fire those employees.
If You Are A Temporary Employee Working in New York State, know it’s your right to inquire about the insurance necessary to cover workers’ compensation for employees, whether you are a permanent part-time, full-time employee or working for in a temporary capacity. The cost of the insurance must be paid by the employer and no amount can be charged to the employee. Always keep in mind that if you live or work in New York State and suffer a work-related injury, illness or disability, you may be eligible for workers’ compensation benefits. Any time a serious injury occurs in the workplace, it is advisable to speak with a worker’s compensation lawyer as the forms and process can be daunting.
If you are a temporary employee and suffered a work-related injury, illness or disability and think you may be entitled to worker’s compensation benefits, contact us by email or call 518-449-2245 and speak with us about setting up a consultation. At Erwin, McCane, And Daly, worker’s compensation law this is our specialty and all we do. Get the best representation during your hearing, the lawyers at EMD Law!