Question—I work on a construction site where several different contractors are working.  And we all try to help each other out.  I work for a drywall contractor.  Last week, I was helping out the plumbing contractor, when something heavy was dropped on my shoulder and it hurts.  I am getting conflicting signals about whose responsibility this is.  What should I do? 

This is called a “borrowed servant” situation.  The employer who borrowed your assistance is supposed to bear the cost of any work injury resulting from that benefit they received.  There can be some complexity to these situations—for example a question can arise as to whether the other employer’s staff-member had the authority to ask for your assistance or not.  But we consistently argue that your regular employer must step in and provide compensation during any period that the other employer is refusing to do so or raising a dispute.  Ellis Law Offices, P.C. is prepared to guide you through complex borrowed servant situations.  One way we do so is to advise you to report your injury to both your regular employer and the employer who borrowed your help, and we take steps to ensure that someone provides needed compensation for your situation. 

 

Question—I was placed in a manufacturing facility by a temp agency, and I got hurt there.  I tried to report my injury to the plant nurse but she turned me away—can she do that? 

It is fairly common for larger facilities to engage the services of temp agencies, staffing services, or labor brokers (these are all the same thing) to provide labor as their demand dictates.  In those situations, the temp agency is the employer responsible for providing compensation for work injury, even though you were in the manufacturer’s plant when injured.  You should report your injury immediately to your contact with the temp agency and demand to know who is their insurance company. 

At Ellis Law Offices, P.C., we are well-versed on these and any number of situations that can arise in our flexible American workplace.  We can guide you on how to show that you were employed at the time you were injured while working, and who is the employer responsible for compensating your injury. 

Stay tuned for more information regarding relationships that may be employment but are exempt from workers’ compensation.

This information does not develop an attorney-client relationship and is not legal advice.  You should consult with an attorney for advice on any estate planning.   

Author: Peter M. Sand

Ashley Allen