Because of the unique relationship between temporary help agencies (also known as “employee leasing” or “temp-to-hire” agencies) and their employees, employees can understandably be confused about who is liable for their work injuries. Does liability rest with the temp agency or with the business in which the employee was “placed” by that agency?

Under Wisconsin law, a temporary help agency is liable for all aspects of an employee’s work injury and thus is responsible for maintaining worker’s compensation insurance to cover all such injuries. This liability includes not only temporary and permanent disability benefits and medical expenses, but also circumstances where the placement business terminates or refuses to rehire the employee following a work injury. For example, if an employee is injured at a factory where she was placed by a temp agency, and the factory refuses to provide her further work after that injury, then it is the temp agency – not the factory – that has the legal responsibility under Wisconsin law to find other work for her when she is able to return to work.

Hawks Quindel’s worker’s compensation attorneys have decades of experience representing injured Wisconsin employees, including those hurt while working for temp agencies. Contact either our Milwaukee attorneys or Madison attorneys for assistance in such cases.

Aaron Halstead

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