As of February 6, 2023, temporary workers are protected by the Temporary Workers’ Bill of Rights. The Bill of Rights makes temporary agencies responsible for protecting their workers.
This Bill strengthens a temp worker’s ability to claim workers’ compensation. New hires should be provided with information on the temporary firm’s workers’ compensation carrier.
It also specifies the responsibility that both the temp agency and the assignment employer have to provide workers with workers’ compensation insurance.
What to Do If You are Injured on an Assignment in New Jersey
If you are hurt at work, you should inform both your assignment site supervisor and your temporary service. Both companies have equal responsibility for providing you with workers’ compensation insurance.
You should seek medical care and file for workers’ compensation as normal.
When determining your wages for the purposes of providing temporary disability benefits, you’d calculate your average weekly wage by adding up your last six months of pay and then dividing by 26. This allows you to get the right number, as temp worker pay can fluctuate. You’ll receive 70% of that amount as a weekly wage replacement benefit if you can no longer work, up to a maximum of $921.
Remember that there is no time limit on claiming workers’ compensation benefits. You are eligible even if you arrive on a job site on Day 1 and get hurt within the very first hour.
The temporary agency can’t suddenly disavow you either. If you were still available and still considered part of their agency, you’re considered an employee. As it is, the new bill of rights demands that assigned temporary workers be paid a minimum of four hours of pay at the agreed rate for each day on an assignment, even if no work is available at the assigned third-party client’s site.
They can’t wriggle out of your claim as easily as they might have in the past.
You should, of course, keep your own records in regard to hours worked, pay, and contact information for both the temporary service firm and the third-party client.
Dealing with Issues
You may find your claims get denied or delayed more often than a regular employee’s, as neither organization typically wants to take responsibility for a temporary worker. Be prepared to get a lawyer if you start having problems with your claim.
Albert Talone can ensure that your claim is treated with the respect it deserves and that you get the benefits you’ve earned.
Contact us to get help today.