25 Years of Victory: Employers Cannot Hide Behind Temp Services

At Black & Jones Attorneys at Law, we refuse to let employers hide and try to avoid liability by placing blame on a temporary employment provider or loaning employers. Employers often hire temporary employees in the hopes of saving money, by avoiding paying benefits and skirting workers’ compensation liability. We fought a big employer in Rockford, Illinois, and were victorious for our client, Julie, in her workers' compensation case. This win underscores our unwavering commitment to advocating for the rights of injured workers and ensuring they receive the justice they deserve.

Julie’s Story

Julie sought employment through a temporary staffing agency who placed her for work at a local Rockford, Illinois, manufacturing facility. She worked in an environment that required repetitive and forceful hand movements while assembling interior portions of doors for automotive vehicles. Her job involved gripping, twisting and pushing various components into place, often under intense pressure and mandatory overtime. She began experiencing severe pain and tingling in her hands, which was later diagnosed as bilateral carpal tunnel syndrome and cubital tunnel syndrome, requiring multiple surgeries. Despite her worsening condition, she continued to work until she was forced to stop by her doctors due to the severity of her symptoms.

In Illinois, both loaning and borrowing employers are jointly and severally liable for workplace injuries, but they often contract that the loaning employer would carry the insurance coverage. When Julie’s symptoms first began, she reported her symptoms to the manufacturing facility and asked for lighter work. Not only did they deny that her condition was work related, thereby denying medical treatment, they also refused to provide her accommodating work. This resulted in a severe worsening of her symptoms. The temporary staffing agency only found out about it several months later after the damage was already made worse. This caused the staffing agency or loaning employer to blame the manufacturer or borrowing employer and claim they should bear the cost of liability. Since the two were pointing the finger at each other, neither paid, and Julie was left out to dry.

Key Takeaways

Julie’s story is a powerful reminder of the physical toll that repetitive and strenuous work can take on employees. Despite experiencing significant pain and discomfort, Julie continued to perform her duties, demonstrating her dedication and resilience. Her case highlights the importance of recognizing and addressing workplace injuries promptly and the critical need for legal support in navigating the complexities of workers' compensation claims. Her case reaffirmed that a borrowing and loaning employer cannot sit back and deny coverage on the expectation that the other will pay. They are both equally liable, and one must pay, or penalties will be awarded, like they were in this case.

Results Achieved

Through Black & Jones Attorneys at Law’s relentless advocacy, we secured a favorable decision from the Illinois Workers' Compensation Commission. The decision clearly noted both employers were liable, but that the borrowing manufacturing employer was in the wrong for their delays which resulted in prejudice to the loaning employer, and the Circuit Court agreed.

Despite clear evidence of Julie's work-related injuries, the manufacturing borrowing employer initially refused to accept responsibility for her condition, leading to a prolonged legal battle. The Commission not only awarded Julie compensation for her medical expenses and temporary total disability benefits, but also imposed penalties on the borrowing employer for their unreasonable and vexatious refusal to provide compensation.

The Commission recognized the hazardous conditions of Julie's work environment and ruled that her injuries were indeed work-related. As a result, she was awarded compensation for her medical expenses, temporary total disability benefits, and, most significantly, compensation for penalties and attorney fees. This outcome not only provided Julie with the financial support she needed, but highlights the fact that employers cannot sit back and do nothing or unreasonably deny liability on the claim that a loaning employer was liable.

Get the Justice You Need to Move Forward

This case serves as a crucial reminder for employers in industries with repetitive and strenuous tasks to ensure safe working environments for their employees. The decision reinforces the principle that injuries sustained due to workplace conditions, even those involving seemingly minor tasks like assembly work, are compensable. Businesses should take heed to this case as it clearly states that a dispute over which insurance policy is liable does not absolve an employer of liability. If employers withhold benefits merely due to an insurance coverage dispute, they will face significant penalties. Employers should be aware that unreasonable delays or refusals to accept valid workers' compensation claims can result in significant penalties and sanctions.

If you or someone you know has been injured at work, don't face the complexities of workers' compensation alone. At Black & Jones Attorneys at Law, we are dedicated to fighting for your rights and securing the compensation you deserve. Contact us today for a consultation and let us help you achieve the justice you need to move forward.