Do Temp Workers Get Workers' Comp in Pennsylvania?

It can reduce strain during busy seasons to hire temporary workers, which can mitigate the risks of being understaffed when it comes to anything from packing and lifting to delivery jobs and farm work. But while the accident risks that temporary workers face are technically the same as for year-round employees, the reality is that temp workers can face heightened risks for injury. While it's small comfort after getting hurt, the good news is that Pennsylvania's workers' compensation laws cover seasonal holiday workers too--usually.

Injury Risks That Temporary Workers Face

Whether it's additional staff to help with holiday rushes at a restaurant, store, warehouse, or delivery truck center, or more weather-specific roles such as a winter dispatcher for PennDOT, lifeguard at a pool or aquatics center, or working at a farm for a certain period of time, seasonal workers face a wide range of injury risks.

These injuries risks can include and certainly aren't limited to:

Packing, lifting, and stocking heavy boxes
Accidents while driving on delivery jobs
Landscaping accidents
Back injuries and broken bones
Electrical and burn injuries
Cold stress injuries

By the nature of their employment, temporary workers often have less experience in a role as well as far less training. This can easily lead to oversights, where employers assume that a temp worker knows about certain processes, or how to operate certain machinery, when in fact they've had little to no training in such matters. It's a recipe for disaster.

Temp workers are often hired to meet increased business volume and tight deadlines. This can put pressure on employees to work faster than normal or faster than is safe, even bypassing necessary safety precautions in the name of meeting deadlines.

Temporary work openings often crop up around winter holidays, which can bring added weather risks, as wet and freezing weather contributes to risks such as slips and falls on icy walkways or more dangerous roads for driving deliveries.

Which Temporary Workers Qualify for Workers' Comp Benefits?

A temporary worker may qualify for workers' compensation in Pennsylvania if they are:

Independent contractors (These are workers who are often paid by the job instead of per hour, who use their own equipment, and who make their own schedules.)
Volunteers
Interns
Railroad workers
Domestic workers (in cases where employers don't have workers' comp insurance)
Farmworkers (when they have worked for only one employer and made less than $1,200 that year OR who do farm work for fewer than 30 days)

Are You an Independent Contractor or an Employee? It’s Not as Clear-Cut as You Think.

A common source of confusion arises when workers are labeled as "independent contractors" but in practice function more like employees. Courts and regulators often look beyond job titles to consider how the work is actually carried out.

Factors that help determine whether someone is an employee versus an independent contractor include:

Whether the worker uses their own tools and equipment
How much control the employer has over how and when the work is done
Whether the worker sets their own schedule
If the worker is paid per project or per hour
Whether the worker performs a job that is integral to the company’s business

Under Pennsylvania law, many temporary workers are officially reported as employees to an employer's insurance company. A lot may depend on the specifics of the employment contract, because there are of course exceptions to this general rule. It is possible that you have been mislabeled as an independent contractor, or that there is some other mistaken categorization that a workers' comp attorney can help you correct.

What to Do If You're Hurt as a Temporary Holiday Worker

Taking action quickly and thoroughly after a workplace injury can make a significant difference in both your medical recovery and your ability to claim benefits. If you're a temporary worker injured on the job, here are the key steps you should follow:

Report the Injury Immediately: Notify your supervisor or manager right away; Pennsylvania law gives you up to 120 days to report an injury, but reporting within 21 days helps protect your right to full benefits.
Seek Medical Attention: See a doctor as soon as possible—even if the injury seems minor. Use a provider approved by your employer’s workers' comp insurance, if one is listed.
Document Everything:Take photos of the accident scene and any visible injuries. Request copies of your medical records and keep track of all related bills and expenses.
Clarify Your Employment Status: Determine whether you were hired directly by the company or placed by a staffing agency. This will affect who is responsible for your workers' comp coverage.
File a Claim: Your employer should submit the claim to their workers’ compensation insurance. Follow up to ensure it’s been filed.
Consult a Workers’ Comp Attorney: If your claim is denied, delayed, or disputed—or if you're unsure of your classification—speak with a qualified attorney right away.

What About Occupational Illness?

The timelines are different for illnesses, especially when symptoms develop over time. Pennsylvania law allows claims for job-related illnesses to be filed even a year or more after exposure if the illness is diagnosed later. This can apply even if your exposure only occurred during a seasonal or temporary position.

In cases where you're hired by a temp agency, the agency may be responsible for providing workers’ comp. If you were hired directly by the company, then the company's insurance applies. Sorting this out can be complicated—but our attorneys can help clarify your rights and advocate for the benefits you deserve.

Don't wait to report your injury. If you delay reporting your on-the-job injury by more than 21 days, your benefits will be reduced once you do file a claim. If you wait more than 120 days to make the report, you'll be denied benefits altogether. So even if something doesn't hurt too bad immediately, still report the incident and get checked out by the doctor for a full diagnosis and treatment, just in case the full extent of your injuries isn't clear until much later. If you can, take pictures of the accident site and injuries as well, make sure you get medical records, and hold onto medical bills to keep track of everything.

If you are injured as a temporary worker and you qualify for workers' comp coverage, the good news is that Pennsylvania workers' comp is also a no-fault system. Even if you were responsible for the accident, you would still be owed workers' comp benefits.

What about an occupational illness? The deadlines are different for illness compared to workplace injuries, especially since a job-related illness can often take time to develop and get diagnosed. It is possible to still file a claim a year or two after the exposure that led to your illness, even if the exposure was only during limited seasonal work.

If a temporary worker is hired directly by a company, then a workers' compensation insurance is responsible for providing benefits to that worker if they're injured on the job. If company hired a worker from a temp agency, however, then the company might immediately deny any workers' comp claim, stating that the staffing agency should cover your costs. And in some cases, the employer may be correct about that. For these and other complications, you may need to talk with a workers' compensation lawyer.

How Handler, Henning & Rosenberg LLC Can Help Injured Temp Workers

While any workers' compensation claim can be complicated by an employer, insurance company, or other party not cooperating, filing a claim can be even more complex for an injured temp worker. Whether it's disputing whether you've been mislabeled as an independent contractor, fighting to make sure you get access to the right doctors, or you're having other trouble getting the insurance company to take your claim seriously, our experienced legal team can help you.

Our workers' compensation attorneys can make sure you're made fully aware of the benefits you may be owed under your employment contract, how to get the medical care you need, and what your legal options are.

Call (888) 498-3023 to request a free consultation! We charge nothing until your case is over, and we don't get paid unless you recover what you need.