Are You Insured: Workers’ Compensation for a “Borrowed Employee”

THE FACTS:

  • You are hired as a temporary employee by Company A;
  • Company A pays your wages;
  • You report to work at Company B where Company B’s manager gives you your work assignment: what truck to use and where to go;
  • Company B gives you the bill of lading and the keys to the truck;
  • You are told to deliver a load and return to Company B;
  • While delivering the load someone causes an accident and you are injured.

THE RESULT:

  • You may be considered a “borrowed employee:;
  • Your employer for workers’ compensation puruposes may be Company B;
  • Who provides your workers’ compensation benefits may become complicated;
  • In addition, your right to automobile insurance(s) coverage may be impacted by the determination of who the statutory employer is.

THE BOTTOM LINE:

  • Your right to be fully compensation for your injuries may depend on how your employment is classified;
  • You need someone to fight for your rights to ensure you maximize your recovery.

Kevin Bradway is a Shareholder and member of Stark & Stark’s Yardley, PA office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Bradway.