Why Temporary Workers Are at High Risk for Workplace Injury

 Posted on July 23, 2026 in Workers' Compensation

Temporary employees may face an increased risk of workplace injury because they often have less training and experience with a job site’s equipment and hazards. Virginia workers' compensation law generally provides the only remedy against an employer for a workplace injury. However, injured workers may still have claims against other parties. 

If you were hurt while working a temporary position in 2026, a Winchester, VA workers' compensation attorney can explain your rights and review your legal options.

Why Are Temporary Workers More Likely to Get Hurt on the Job?

The Bureau of Labor Statistics reported 2.5 million nonfatal workplace injuries and illnesses across private industry in 2024. This figure reflects the overall scale of workplace injury risk in the United States, across all industries and experience levels.

Temporary employees face added risk factors within this broader picture. Employers may need weeks to train a worker on safety rules and daily tasks fully. That training can feel unnecessary for someone filling a role for just one or two months, and many employers train temporary workers as they go instead. This creates gaps in a worker's understanding of equipment and job hazards.

Experience plays a role too. Workers who stay in one job for months or years get to know the machinery and safety steps. New workers have not learned this yet, and temporary jobs often end before they get the chance.

Does Workers' Compensation Cover Me as a Temporary Employee in Virginia?

Virginia workers' compensation law defines "employee" broadly and includes part-time, seasonal, and temporary workers. Most Virginia employers that regularly have three or more employees must carry workers’ compensation insurance. Temporary employees are generally covered from their first day of employment, including during job training.

Some staffing agencies label workers as independent contractors instead of employees; however, Virginia courts do not rely on this label alone. They consider who hired the worker, who pays the worker, who can fire the worker, and who controls how the work is done. The right to control the work is usually the most important factor.

Can I Sue My Employer for a Workplace Injury in Virginia?

Virginia law treats workers' compensation as the only remedy against an employer. This applies to an on-the-job injury caused by ordinary negligence. Under Virginia Code Section 65.2-307, workers' compensation is generally an employee’s exclusive remedy against a covered employer for a qualifying workplace injury. For a temporary worker, the staffing agency, the host company, or both may be protected from a lawsuit, depending on the employment arrangement. 

Workers' compensation is a no-fault system. A worker does not need to prove that an employer acted carelessly, and benefits may still be available if the worker's own mistake contributed to the accident. In exchange for this quick access to benefits, employees generally give up the right to seek added damages from their employer, such as pain and suffering.

This exclusivity rule has an important exception. Under Virginia Code Section 65.2-805, an employer that fails to carry required workers' compensation insurance loses this protection. A worker hurt while employed by an uninsured employer has a choice. The worker can file a workers' compensation claim, or file a lawsuit against the employer directly. 

Who Can Be Held Responsible for a Temporary Worker's Injury in Virginia?

The exclusivity rule does not protect every business connected to a workplace accident. However, a company is not necessarily an outside third party merely because it is separate from the staffing agency or direct employer. Virginia’s statutory-employer rules may prevent lawsuits against certain host companies, contractors, or subcontractors involved in the same work. 

A worker hurt by poorly designed or built equipment may have a claim against the company that made it. A worker hurt by another contractor's negligence at a shared job site may have a claim against that business if it qualifies as an outside third party under Virginia law.

These third-party claims sit outside the workers' compensation system and can cover losses that workers' compensation does not, such as full lost wages and pain and suffering. A worker hurt by a broken forklift, a defective ladder, or a subcontractor's mistake may be able to bring this type of claim. This can happen while the worker still receives workers' compensation benefits from their employer.

A worker who recovers both workers' compensation and a third-party settlement should expect the employer's insurer to seek reimbursement from that settlement. Virginia Code Section 65.2-309 gives the employer or insurer a lien on a third-party recovery for workers' compensation benefits paid or payable. An attorney can help calculate how this lien affects a worker's total recovery.

Schedule a Free Consultation With Winchester, VA Workers' Compensation Lawyers

Our team brings more than 120 years of combined experience to complex cases that other firms turn away. We will not take on a case we are not willing to fight for in court. Our Fairfax, VA workplace injury attorneys stay responsive and in close contact with clients from start to finish. Call 540-662-4222 for a free consultation.