If you have recently been injured at work as a temporary employee or intern, you may feel overwhelmed, confused, and unsure about what to do next. You might be questioning whether you are entitled to workers’ compensation benefits, or if your status as a temporary worker or intern affects your ability to file a claim. These concerns are common, and you are not alone in facing them. At Malchow Johnson Injury Lawyers, we understand that navigating the workers’ compensation system can feel daunting, especially when you’re uncertain about how it applies to your unique situation. This is where we come in. Our team is here to help guide you through this process and fight for the compensation you deserve.
Understanding Workers’ Compensation for Temporary Employees
Workers’ compensation is a program designed to provide financial support to employees who are injured on the job. Typically, workers’ compensation covers medical expenses, lost wages, and rehabilitation costs. The program is designed to help employees recover without having to go through a lengthy lawsuit. While the majority of workers are eligible for these benefits, the rules can vary depending on a few factors, including your employment status.
Temporary employees are workers who are employed for a limited time, either through a staffing agency or as part of a short-term contract. It is natural to assume that temporary workers might not have the same rights to workers’ compensation benefits as full-time employees, but that is not always the case. The eligibility of temporary workers to receive workers’ compensation benefits generally depends on whether the company they are working for is required to carry workers’ compensation insurance and whether the injury occurred within the scope of their work.
Temporary workers who are injured on the job are usually entitled to the same benefits as full-time employees, as long as the injury occurred while performing job-related duties. Whether you are employed through a staffing agency or directly by a company on a temporary contract, you may be entitled to workers’ compensation. However, the specific details of your case, including whether you are considered an employee or independent contractor, can impact your eligibility, so it is important to speak with an attorney to fully understand your situation.
Leland Malchow
Attorney - Partner
Chris Johnson
Attorney - Partner
Dane Anderson
Associate Attorney
Bailey Marshall
Associate Attorney
Do Interns Qualify for Workers’ Compensation?
Interns are often in a similar position to temporary employees when it comes to workers’ compensation. While the classification of an intern may vary, many interns are still considered employees for the purposes of workers’ compensation. If an intern is working in a paid position or is receiving benefits, they are generally entitled to the same workers’ compensation benefits as any other employee.
However, the situation may be more complicated for unpaid interns. In some cases, unpaid interns might not be classified as employees, and therefore, may not be eligible for workers’ compensation. This is largely dependent on the nature of the internship and the specific laws in your state. Some states may extend workers’ compensation rights to unpaid interns, while others may not. It is essential for interns to know their rights and consult with a legal professional to determine whether they are covered under workers’ compensation laws.
Key Factors That Affect Your Workers’ Comp Claim
When it comes to filing a workers’ compensation claim as a temporary employee or intern, there are several factors that can impact the outcome of your case. Understanding these factors is crucial to ensuring that your claim is processed smoothly and that you are not left without the benefits you need to recover.
Employment Classification
One of the main factors that will affect your workers’ compensation claim is how you are classified. Whether you are considered an employee, independent contractor, or unpaid intern can determine your eligibility for workers’ compensation benefits. An attorney can help you determine whether you qualify for workers’ compensation based on your employment classification.
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I had the pleasure of allowing Mr. Leland Malchow to represent my case and I would recommend 10star rating if possible. Not only was Mr. Leland very professional and knowledgeable, he also took the time to listen to my frustrations about my situation. He offered a listening ear, as well as some kind motivational advice. Our relationship has been through business only but I would extend a hand to him and the law firm from here on out. Thank you all and God Bless."
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Workplace Injury
Another important factor is whether your injury occurred while performing work-related duties. Workers’ compensation is typically only available for injuries that occur in the course of your employment. If your injury happened while you were performing tasks related to your job, you are likely eligible for benefits, but you will need to provide evidence to support your claim.
Insurance Coverage
Employers are generally required to carry workers’ compensation insurance for their employees. If the company you work for does not have workers’ compensation insurance, you may still be able to file a claim through the state’s workers’ compensation fund, but this can vary by state.
State Laws
Workers’ compensation laws vary from state to state, and each state has its own rules about who is eligible for benefits. Some states may have more lenient rules for temporary workers or interns, while others may have stricter requirements. This is why it is important to consult with a lawyer who is familiar with the workers’ compensation laws in your state.
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Filing a Workers’ Compensation Claim as a Temporary Employee or Intern
Filing a workers’ compensation claim involves several steps, and it can be a complex process if you are a temporary worker or intern. The first step is to report your injury to your employer or supervisor as soon as possible. It is important to do this immediately after the injury occurs, as there may be deadlines for reporting workplace injuries. Delaying your report could result in the denial of your claim.
Next, you will need to complete a claim form, which will require details about the injury, how it occurred, and your medical treatment. It is essential that you provide accurate and detailed information in your claim. Any inaccuracies or omissions could delay the processing of your claim or lead to a denial.
Once you have submitted your claim, it will be reviewed by the employer’s insurance company, which will determine whether to approve or deny the claim. If your claim is approved, you will begin receiving benefits, which may include coverage for medical treatment, a portion of your lost wages, and any other necessary support for your recovery.
What to Do If Your Claim Is Denied
If your workers’ compensation claim is denied, it can feel discouraging. However, it is important to know that you do have options. In many cases, claims are denied due to paperwork errors, missed deadlines, or disputes about whether the injury was work-related. If your claim is denied, you can appeal the decision and request a hearing with the state workers’ compensation board.
At this stage, it is crucial to have an experienced attorney on your side. An attorney can help you gather the necessary evidence to support your claim, file the necessary paperwork, and represent you during the hearing. If your claim is denied again, your attorney can help you pursue additional legal action to seek the compensation you deserve.
Let Us Help You Get the Compensation You Deserve
If you are a temporary employee or intern who has been injured at work, you may be unsure of where to turn or what steps to take next. At Malchow Johnson Injury Lawyers, we understand how overwhelming this situation can be. We are here to help guide you through the workers’ compensation process, ensuring that your rights are protected every step of the way. Our experienced legal team is dedicated to helping you get the compensation you deserve, so you can focus on your recovery.
If you have been injured at work, don’t hesitate to contact us for a consultation. Let us put our knowledge and experience to work for you.