February 8, 2018
Recently the Appeals Court in Wisconsin ruled that a temp employee’s estate could sue the host employer in court because the estate never filed a workers compensation claim against the temp employer. The Appeals Court found a loop hole in how the law protecting the host employer was written. The key point was that the estate never filed a Workers Compensation claim against the temp employer or host employer.
Because of this ruling, the staffing industry is working to get the state legislature to fix the loop hole. They feel confident that changes will be made before the end of this spring 2018 session. Also, the case will be appealed to the state Supreme Court.
In the meantime if you use a temp help firm you should consider the following:
• Make sure that there is a written agreement in place with the Staffing Company that outlines who’s responsible for what
• Make sure the client company is providing and documenting Host Employer Specific Safety Training
• Request a Waiver of Subrogation on the Workers Compensation Insurance
• Request to be named as an Alternate Employer on the Workers Compensation Policy
• Request to be named as an Additional Insured under the Staffing Companies commercial general liability policy including primary non- contributory
• Request to be added as an additional insured under the Staffing Companies Commercial Automobile Policy. If you have drivers, they will likely be unable to accommodate this request