Throughout our part of the country, lots of people are hired as “day laborers” in some of our most dangerous industries (think construction; agricultural; warehousing; manufacturing). The names for these short-term workers are varied; they may be hired for the day, week, or season with job titles like:
- General laborer;
- Hired hand;
- Itinerant worker;
- Roustabout;
- Temporary worker (“temp”);
- Unskilled worker; or
- Warehouse associate.
The work and the wages vary. Day laborers may find work in construction, with general contractors or subcontractors on commercial sites; or with smaller residential companies and local builders.
They may be hired at distribution centers; fulfillment centers; or parcel sorting centers in warehousing operations; landscaping companies will need them for day crews; agricultural operations (farms, nurseries, etc.) will take on day laborers for things like harvesting fruits and vegetables in season as well as in greenhouses.
Temp workers are also popular in our manufacturing industry, where their short-term help is welcomed by small factories, metal shops, etc. as well by maintenance contractors (think property managers and janitorial services). Obviously, day laborers may be paid more to help on a large commercial site trenching operation avoiding delay damages with a passed deadline than in cleaning offices after hours.
Sadly, day laborers are notoriously at risk for being severely injured or even killed while on the job. In these instances, state and federal law may provide help to that worker victim and their loved ones with financial support. This may involve third-party injury claims as well as filing for workers’ compensation benefits, if coverage applies to them.
Day Laborer Must Be “Employee” to Be Covered by Workers’ Compensation Policies
In both Illinois and Indiana, longstanding legal frameworks exist to oversee the state workers’ compensation programs. State laws have been enacted that mandate employers pay for special insurance policies to cover employees that are hurt on the job.
No fault need be proven by the employee; if they suffer bodily harm on the job, then they file an insurance claim for benefits under this policy. The steps that are needed (and the deadlines) are defined by law. So are the benefits to be provided under workers’ compensation coverage. For more, see The Handbook on Workers’ Compensation and Occupational Diseases published by the Illinois Workers’ Compensation Commission.
Of course, the right thing to do for an employer is to help the worker who got hurt while doing a task that helped that employer to make a profit. However, not every work accident is covered by these policies.
The status of the worker must be determined as that of an “employee” as defined by Illinois or Indiana law in order for workers’ compensation benefits to be paid under the employer’s insurance policy. If the day laborer does not meet the definition’s requirements, then they cannot get this help.
To learn more about workers’ compensation benefits, read our earlier discussions in 10 Types of Workers Compensation Benefits After a Work Accident in Illinois or Indiana.
Who is the Day Laborer’s Employer?
Another complication for the day laborer or temporary worker is that they may be working on a jobsite (think construction projects; warehouses; industrial facilities) that are not owned nor operated by their legal employer. This is because they have been hired, legally, by a staffing agency (“temp agency”) which is in the business of providing short-term labor to clientele. Some of these businesses focus on a specific industry, like providing only construction staffing or perhaps being limited in scope to construction and industrial staffing.
Legally, these staffing agencies may have to buy workers’ compensation insurance coverage for their day laborers and temp workers. In these instances, the injured worker files for benefits under the agency’s policy and not the policy of the company with custody and control of the actual site of the accident. See, The Day and Temporary Labor Services Act of Illinois, 820 ILCS 175, as detailed online by the Illinois Department of Labor.
No Benefits for Injuries Not Sustained in the Course and Scope of Employment
Another hurdle the day laborer must jump: they must be able to prove that their injuries were sustained in the “course and scope” of their employment. If they were goofing around on a lunch break when they got hurt, that will be argued as outside the course and scope of their work. Ditto, if they were off-site doing a personal errand.
For more on this requirement, read Course and Scope of Employment: Industrial Accidents in Illinois and Indiana.
Independent Contractor Status Blocks Workers’ Compensation Benefits for Day Laborer
Complexities continue. If the day laborer is found to be not an employee of either the owner or operator of the accident site, nor of any staffing agency, but instead has been on the job as an “independent contractor,” then the workers’ compensation insurance companies will deny benefits. The insurance coverage is not provided to anyone other than legal employees.
Of course, this may be a hotly contested issue. The worker victim may challenge this determination and if successful, their status will be reclassified and workers’ compensation benefits paid. Just because they got a “1099” does not mean unequivocally that they are legally an “independent contractor” insofar as obtaining benefits.
Reclassification arguments can be based upon things like the amount of employer control over the worker (who sits the hours, who decides how tasks are done, who provides the tools); how involved the worker was in the business operations (if they were doing things that employees do routinely versus if they are tasked with things not commonly done on that site); etc. Each case is unique and will be decided on its specific circumstances.
For more, read: Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages.
Workers’ Compensation Benefits for Day Laborers and Temp Workers in Illinois and Indiana
After someone is hurt on the job, their priority must be to get medical care and treatment and begin their path to recovery. It is an emotionally overwhelming time for the worker victim and their loved ones. For day laborers and temp workers, things can be particularly intense since financial hardships may be immediate.
The ability to get workers’ compensation benefits is possible for many day laborers hurt at work in Illinois and Indiana. Legal advocacy may be needed to make sure justice is done here.
And these work accident victims need to know that they have an independent right to investigate and find out if there are facts and law that confirm legal liability for their damages is found with one or more third parties who have breached duties of safety and care, resulting in their harm. This is discussed in more detail in our next article.
For more, read:
- Day Laborers Face Greater Risk of Severe or Fatal Work Accident
- Who Can Be Held Liable for Construction Worker Accidents?
- Who Can Claim Damages After a Work Accident in Indiana or Illinois?
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents.
Anyone hurt on the job in Illinois and Indiana is wise to explore the legal rights that may exist for them to seek justice against those whose negligence or disrespect have caused their life-altering injuries. Workers’ compensation coverage may apply to them. Please be careful out there!
