Workers’ Compensation and Temporary Employees in Illinois

Helping Illinois Temporary Workers Recover Benefits for Job-Related Injuries

Getting injured on the job is a common occurrence in Illinois. While some occupations are more dangerous than others, such as construction and manufacturing, any employee could suffer from an injury or illness at work. It is important to understand the relationship between workers’ compensation and temporary employees. More often than not, temporary workers may assume they are not eligible for workers’ compensation when injured on the job, but this is typically not the case. 

State law 820 ILCS 305/, called the Workers’ Compensation Act, allows both seasonal and temporary workers to apply for the same benefits as full-time employees. At IL Work Injury Lawyer, we can provide clarity and legal guidance during the claims process. Even though temporary workers do not have access to most full-time benefits, workers’ compensation is a different story. 

Our legal team will ensure you have the best chance to receive workers’ comp benefits if you have been injured or fallen ill in the course of your employment. 

Are Temporary Employees Covered by Workers’ Compensation in Illinois?

For an injury to be covered under the Illinois workers’ compensation system, it must have arisen out of and in the course of employment. Essentially, this means it must have occurred while you were performing your normal work duties. 

A recent amendment to the Illinois Day and Temporary Labor Services Act, signed by Governor J.B. Pritzker, actually provides more protections for temporary workers in Illinois. HB 2862 requires employers to pay temporary workers at least as much as direct hires if they are at the company for more than 90 days. Additionally, these employees are entitled to similar worker benefits after 90 days of work. 

Who Is Considered a Temporary Employee Under Illinois Law?

The Workers’ Compensation Act provides clarity on who is considered a temporary employee. First, the Internal Revenue Service defines an employee as anyone who performs services for a company where the company controls what is done and how it is done. An independent contractor, on the other hand, has more control over the work they do for a company. 

Temporary workers can include any of the following individuals:

• Workers who are hired through a staffing agency
• Seasonal workers who are brought on for peak demand periods
• Project-based hires for construction, manufacturing, warehousing, and retail work

Staffing Agency vs Host Employer Responsibility to Carry Workers’ Compensation Insurance

If you are placed at a company by a staffing agency, the staffing agency is responsible for covering workers’ compensation insurance. Generally, the host employer is not considered your direct employer, unless the staffing agency has implemented the “borrowed servant doctrine”. 

Therefore, your workers’ compensation claim will be filed through the staffing agency rather than the host employer, even though the injury occurred while working for the employer. 

What Benefits Are Available for Temporary Workers in Illinois?

Employers are required to carry workers’ compensation insurance in Illinois to protect those injured on the job. 

Applicants, including temporary workers, can seek the following benefits through this program:

• Medical expense coverage – For costs reasonably associated with treatment after the injury occurred
• Temporary total disability (TTD) – Wage replacement while you are temporarily out of work
• Temporary partial disability (TPD) – Wage coverage while you must work at a reduced capacity
• Permanent partial disability (PPD) – Wage coverage to make up for the reduced income caused by your injuries
• Permanent total disability (PTD) – Ongoing payments for lost income
• Vocational rehabilitation and maintenance benefits – Expenses associated with training for a new role
• Death benefits for surviving dependents – Upfront and ongoing payments for dependents if the victim dies

How to File a Workers’ Compensation Claim in Illinois

Filing a successful workers’ compensation claim is a complex process. 

Here are the steps you must follow to give yourself the best chance of securing fair compensation:

• Report the injury to your staffing agency and the host employer within 45 days, including the date, time, location, and cause of the accident
• Seek immediate medical attention and inform providers that the injury is work-related
• Document the incident with witness statements, photos, and written reports
• File an application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC) to protect your rights, even if you are receiving payments
• Keep all medical bills, treatment records, and proof of lost wages to support your claim and respond to inquiries
• Consult an expert workers’ compensation attorney from IL Work Injury Lawyer to ensure compliance with the claims process and hold the employer or insurer accountable

What If My Temporary Workers’ Compensation Claim Is Denied?

Insurance companies will deny workers’ compensation payments for numerous reasons. 

Some of the most common reasons for denials include:

• A dispute over the worker’s employment status
• Coverage responsibility between the staffing agency and the host employer
• A dispute over the cause of the accident, such as blaming the employee for reckless behavior

There is an appeal process via the Illinois Workers’ Compensation Commission for denied claims under state law 820 ILCS 305/19. Our firm can play an essential role in navigating the appeals process and building a strong case to overturn the decision. 

Are There Other Options for Compensation for Temporary Workers in Illinois?

If a third party that is not your employer caused the accident, you may be eligible for a personal injury lawsuit. You will need to prove that someone else’s negligence caused your suffering, whether that is a defective equipment manufacturer or a negligent contractor.

In third-party liability lawsuits, it is worth understanding the Illinois Joint Tortfeasor Contribution Act (740 ILCS 100/). This act allows for the allocation of fault among multiple parties, so you can still seek damages from the at-fault employee or business if you are no more than 50% liable. 

You should also note the statute of limitations for personal injury cases. Under state law 735 ILCS 5/13-202, you have two years from the date of the incident or discovery of the injury to pursue legal action. 

How Long Do Temporary Employees Have to File a Claim in Illinois?

The same time limits apply to temporary hires as direct hires. First, you must notify the staffing agency and host business of the injury within 45 days. 

Then, you will have three years from the date of the injury or two years from the last benefit payment, whichever is later, to request a claim. 

How IL Work Injury Lawyer Can Help 

IL Work Injury Lawyer has the experience needed to secure your workers’ comp payments. Our team will provide vital legal services, including:

• Determining which employer and insurer are responsible for coverage
• Reviewing medical and employment evidence
• Securing accident reports
• Handling logistical details and protecting your rights
• Ensuring proper calculation of wages and benefits
• Representing clients in negotiations, hearings, and appeals

Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

An experienced attorney can make all the difference in the outcome of your case. We have represented injured clients across Illinois, including some who were classified as temporary employees. 

Here are some past workers’ compensation settlements we have secured:

Marcus, a 38-year-old temp worker and father of two, was killed when a forklift backed over him at a warehouse on Chicago’s South Side. While the company argued he entered a restricted area, evidence showed serious safety lapses, including poor lighting and no spotter. 

His family received workers’ compensation benefits, but also pursued a third-party claim that settled for $11 million. Surveillance footage and prior OSHA PPE violations played a key role in securing the result.

Luis, a 42-year-old temporary construction worker, fell from scaffolding at a downtown Chicago job site, suffering spinal injuries that ended his ability to work. As a temp, he wasn’t given the same safety training or fall protection as full-time crew members. 

He secured over $1.8 million in lifetime workers’ compensation payments, covering medical care and lost wages. The settlement provides long-term support as he faces permanent disability and a forced early exit from the trades.

What Are Common Injuries Sustained by Temporary Workers?

Temporary workers are typically hired for specific projects or seasonal work in many industries. However, they are still exposed to certain risks, depending on the work duties they are assigned. 

Here are some common injuries suffered by temporary workers in Illinois:

• Here are some common injuries suffered by temporary workers in Illinois:
• Slip and fall accidents in construction zones and factories
• Lifting injuries from manual material handling in warehouses
• Machinery accidents that cause fractures or amputations
• Chemical exposure in industrial settings or during cleaning jobs
• Cuts, burns, and repetitive strain injuries

Book a Free Consultation 

If you are a temporary worker who is not considered an independent contractor, IL Work Injury Lawyer can help you pursue workers’ compensation through the employer or staffing agency. Our team will ensure compliance with claim requirements to give you the best chance of securing compensation during your recovery. 

We work on a contingency fee basis, so you owe nothing unless we win. Additionally, you can ask any questions during a free consultation. Our firm can represent clients throughout Illinois from our Chicago office.

Contact us today to schedule your free consultation with a Chicago work injury lawyer.