Wisconsin Worker’s Compensation Law: I Work for a Temp Agency, Do I Get Worker’s Compensation?

Temporary employment agencies, or “temp” agencies, are a reality in today’s economic times.  Many people are employed by temp agencies for many different reasons.  Some use it as a springboard to a full time position with a company, some use it as a way to make ends meet while in-between jobs, some use it to gain experience, and some use it for extra income.  Whatever way a person uses temp agencies, they are a major employer in the State of Wisconsin. 

A lot of the jobs temporary employees are required to do are physical in nature and injuries can happen.  What happens when a temporary employee gets injured in the work place?  The good news is that they qualify for worker’s compensation.  A temporary employee is still considered an employee by Wisconsin law and therefore is entitled to all the benefits and protections that a regular full time permanent employee receives.

Who is responsible for making payments to the injured temporary employee?  Wisconsin law states that the temporary agency is required to make the worker’s compensation payments to the employee, not the temporary employer that the employee worked for.  For example, let’s say Steve the employee went to the Temporary Help Agency to ask for a job and the Temporary Help Agency placed Steve with Johnson Manufacturing Company.  Steve then got injured at Johnson Manufacturing Company.  Temporary Help Agency would be required to pay for Steve’s worker’s compensation claims, not Johnson Manufacturing.  If you are or have been a temporary employee and you have been injured on the job, we would be glad to speak with you about any questions you have about a worker’s comp claim at no cost or obligation.  Please feel free to contact me, Matt McCasland, in the Madison area at (608) 824-9540, in the Baraboo area at (608) 356-3961 or statewide at (866) 455-2993.

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Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC

As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.

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