Who is responsible for temp’s claim for workers’ comp benefits?

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in Compensation and Benefits,Employment Law,Human Resources

Q. We hired a temp worker through an agency while one of our employees was out on a 12-week pregnancy leave. Five weeks after she started with us, she was injured at work. Are we responsible for her workers’ comp claim, or is the temp agency responsible?

A. The answer to that question depends upon which entity has the right to control how the temp does her work. If it is your company, then you may well be respon­­sible for the workers’ comp claim, even though you are not her official employer.

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