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Injured Temporary Workers’ Legal Rights After Workplace Accidents In PA & NJ (Part 1)

Workers in the construction and industrial industries are often injured while at work.  Workers at construction sites may fall from roofs, and workers at industrial factories may suffer crush injuries while working on packaging machines. 

In order to prevent work accidents and reduce the risks of injury to workers, employers must comply with OSHA regulations and standards to ensure workplace safety.

In addition to their permanent workers, employers also must ensure the safety of temporary workers.  According to OSHA, it has received and investigated many reports of temporary workers suffering serious or fatal injuries, many of which occur within their first week on the job. *Source: www.osha.gov

Related case results obtained by Daniel J. O’Brien, Esq.:

One of the main reasons temporary workers are injured is because they do not receive the same training as permanent workers.

Consider the following scenario: A toy manufacturer needs to hire temporary machine operators over the holiday season to meet an increased demand.  The manufacturer contracts with a staffing agency to provide 20 machine operators on a temporary basis. 

The machine operators are assigned to machines they have never worked on before.  Due to a deadline the toy manufacturer must meet, the training provided to the machine operators is cut short.  Rather than a full day of training, the temporary machine operators only receive one hour of training.  The next day, one of the temporary operators suffers a hand crush injury on one of the machines.

In this case, the temporary worker’s industrial machinery accident and crush injury could have been avoided if he received proper and sufficient training.  However, a full day of training was condensed into 1 hour.  Providing adequate and proper training is crucial in ensuring workplace safety.

A Temporary Worker’s Legal Options After An Industrial Machinery Accident

Even though the injured worker is a temporary worker, under PA workers’ compensation law, he can file a workers’ compensation claim.  Whether the accident happened in PA or NJ, the injured worker’s medical expenses will be covered by workers’ comp, and any lost wages will also be covered.  However, workers’ comp only provides for a percentage of lost wages.  It is important to note that under PA workers’ compensation law, temporary workers may be required to make a work comp claim with their temp or staffing agency, instead of with the company where they were actually working.

In addition to a workers’ comp claim, the injured temporary worker may have other legal options against the employer and other parties, such as the machine manufacturer.  Click here to read part 2 of this article which will discuss other legal remedies for the injured worker beyond a workers’ comp claim.

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