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Can temporary workers seek workers' compensation?

If you or one of your family members accepts work assignments through a temporary employment agency, you will want to make sure to learn about the various laws that are in place regarding temporary workers and agencies. One thing important to be aware of is what you should do if you or your relative is ever involved in an accident while working for a company through another entity.

According to the Claims Journal, a legal case regarding this exact situation was recently ruled on by a Wisconsin State Court of Appeals. At issue was whether or not a lawsuit could be brought against an employer by a worker or the family members of a deceased worker who was hired through a temporary agency. The case related to the death of a man a little over three and a half years ago. The man had been placed by an agency to work for a company and was riding in the company's vehicle when an accident occurred in which he was killed.

An initial lawsuit filed against the company who owned the vehicle and the vehicle insurer resulted in a ruling against the deceased man's family. An appeal, however, led to the ruling that a temporary worker or the surviving family members of a deceased temporary may in fact pursue compensation from a company that used a temporary agency worker. Compensation may also be sought through workers' compensation.

This information is not intended to provide legal advice but is instead meant to give temporary employees in Wisconsin an overview of a recent ruling that may impact their ability or decision on how to proceed after being involved in a work-related accident.

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Paul M. Erspamer Law Offices, S.C.

Paul M. Erspamer Law Offices, S.C.
8112 West Bluemound Road
Suite 108
Wauwatosa, WI 53213

Phone: 414-727-7003
Fax: 414-727-7004
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