Quality labor is becoming hard to find in the construction industry and as a result, construction companies are turning to staffing firms. Employers sign the staffing firm’s agreements in order to get the labor they need, but this can lead to风险管理和保险并发症. There are two lines of coverage to review: workers’ compensation and general liability. This article will explain potential gaps in coverage and suggest solutions to avoid possible issues.

Workers’ Compensation

It’s understood that staffing firms are required to carry workers’ compensation for the labor they provide. However, this doesn’t mean construction companies are free from potentialwork compclaims.

• Example: A laborer is injured on the job. The staffing firm provides work comp to that laborer. That laborer then sues the construction company for their liability as the “supervising employer” and/or “negligence.”

Although the contract requires the staffing firm to provide work comp for the laborer, it cannot prevent the laborer from suing the construction company. For this reason, we suggest the staffing firm carry an Alternate Employer Endorsement on their work comp policy, naming the construction company (ISO Form: WC 00 03 01A). This endorsement acts like an Additional Insured Endorsement does on the general liability policy. Therefore, if the construction company were to be sued, they would simply tender the claim back to the staffing company. In addition to requiring this form in the contract, the contract should also require the staffing firm to include a Waiver of Subrogation in favor of the construction company on their work comp policy. This way the staffing firm’s work comp carrier cannot subrogate, or go after, the construction company’s work comp carrier.

General Liability

It’s understood that the construction company will be required to carry general liability on behalf of the laborers. However, this doesn’t mean the construction company’s general liability policy will pick up all claims arising from a laborer’s negligence, even though the construction company has accepted liability in the contract between themselves and the staffing firm. In order to understand this, we have to look at the definition ofleased worker,temporary worker， 和employee.

• Leased workermeans a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include temporary worker.
• 临时员工是指一个被提供给您的人在休假中代替永久雇员或满足季节性或短期工作量条件。
• Employeeincludes a leased worker but not a temporary worker.

雇员是一般责任政策下的被保险人。根据雇员的定义，租赁工人被认为是雇员，因此被保险的租赁工人。根据员工的定义，临时工人不被视为雇员，因此临时工人不被视为被保险人。

So, if the staffing firm sends a leased worker, there is no issue. The leased worker is considered an employee and employees are covered under the general liability policy.

The issue arises if the staffing firm sends a worker who falls under the definition of temporary worker. Since a temporary worker is not an employee, they are not an insured under the general liability policy. So, if the temporary worker was to cause a general liability claim, and if the temporary worker was named individually, the general liability carrier might deny coverage to the temporary worker. Note, the general liability carrier would defend the construction company from the negligent acts of the temporary worker.

Unlike work comp, there is no clear solution. We recommend the construction company name the staffing firm as an Additional Insured and that each party carry a Waiver of Subrogation on their general liability policy. The construction company would need to explain their use of staffing firms to their general liability carrier, as well as send the labor contract. The construction company needs to confirm that all laborers will be treated as insureds, thus covered, under the general liability policy regardless of whether they meet the definition of leased worker, or temporary worker.

结论

对于建筑行业而言，工党将是一个持续的问题，人员配备公司将继续使用。双方都必须清楚概述合同中的责任。通常，人员配备公司获得工人的工人薪酬，建筑公司承担了劳动者的总体责任。但是，保险公司对不同类型的工人的定义有不同的定义，这可能导致问题。结果，我们建议以下内容：

• Workers’ Compensation– The staffing firm needs to carry an Alternate Employer Endorsement and a Waiver of Subrogation naming the construction company.
• General Liability- 建筑公司需要携带额外的保险认可，以命名员工公司的一般责任政策。需要对人员和建筑公司的一般责任政策进行相互豁免。建筑公司需要将劳动合同发送给其一般责任承运人，他们需要确认所有劳动者（无论是符合租赁工人还是临时工人的定义）都被视为其一般责任政策的保险人。

请参阅建筑行业的建议招聘实践