Wisconsin Workers’ Compensation For Temporary Workers

Last updated on October 1, 2025

Temporary workers are vital in the workforce, but when they suffer a work injury, many are unsure of their rights. Under Wisconsin workers’ compensation law, temporary employees are entitled to the same protections as permanent employees. Because the rules surrounding temporary staffing agency workers’ comp can be complex, working with an experienced attorney is key to protecting your rights, medical benefits and lost wages.

At Domer Law, S.C., we focus on helping injured workers in Milwaukee and Waukesha, Wisconsin. With over 100 years of combined attorney experience, we understand the unique challenges that come with a temp worker injury claim.

Are Temporary Workers Entitled To Workers’ Compensation In Wisconsin?

Yes, temporary employees are fully covered under the Wisconsin workers’ compensation law. If you are hired and paid by a temporary staffing agency, you are considered an employee if the temporary staffing agency and eligible for benefits, even if you are placed at another company’s worksite.

In most cases, the staffing agency, not the client/placed company, is responsible for your workers’ compensation claim.  This means that an injured temporary help worker should file a worker’s compensation claim directly with the staffing agency and request the name of the worker’s compensation insurance company for the staffing agency.

Steps To Take After A Workplace Injury As A Temporary Worker

When a temporary employee’s workers’ comp issue arises, the steps you take immediately after the injury can determine the strength of your case:

• Report the injury immediately: Timely reporting creates a record of the event.  Report the injury with both the placed/host employer and your staffing agency.
• Seek medical attention: Always follow medical instructions and keep records of your treatments.
• Notify both the staffing agency and host company: Our attorneys can handle communications to prevent disputes.
• Avoid providing a recorded statement without consulting a lawyer: Request questions in writing that are needed, and you can provide a written response(s).
• Keep a detailed record: Track your medical bills, lost wages and the incident itself.

Taking these steps protects your temp worker injury claim and strengthens your right to compensation.

Can A Temporary Worker Bring A Personal Injury Claim?

Often an injured temporary help worker wishes to pursue a personal injury claim and sue their placed/host employer or a co-worker from that placed/host employer. Unfortunately, the Wisconsin legislature bars such claims. Under the “exclusive remedy” of worker’s compensation law, a temporary help agency worker hurt on the job cannot sue the placed employer, a co-worker of the placed employer, the temporary help agency, or a co-worker of the temporary help agency.

The only exception to this broad prohibition is a personal injury claim against a 3rd party (which is someone or some company unrelated from the placed employer or temporary help employer).  This reality means that for most injured temporary help workers their exclusive route to recovery is a worker’s compensation claim.

Contact Us

If you are a temporary employee injured in Milwaukee or Waukesha, Wisconsin, you deserve full protection under the law. Domer Law, S.C., is ready to help you pursue the medical benefits and lost wages you need to move forward.

Call 414-312-4120 or fill out the online contact form today to speak with an attorney who understands the challenges of a temp agency worker’s compensation claim. Free consultations. Hablamos español.