Most employees in the state of Pennsylvania know exactly what to do when they receive a work-related injury. In most cases, they know to report that injury to their manager or supervisor, because in the end, they may be entitled to workers' compensation benefits.
But when it comes to temporary or migrant workers, this assumption is far from the truth. In their situations, they may not be covered under the same workers' compensation protection. And in many cases, the staffing agencies they were hired through may not have even put healthcare coverage as a clause in their contracts.
As a result, many employees who find themselves in this category of workers-in limbo between a citizen worker and an outside contractor-do not report their injuries, even if the employer can be considered liable. The reason behind this? Many experts say that there are two contributing factors.
The first is medical coverage. Because these types of workers are not considered permanent employees, they are usually not privy to the same health benefits. Sick and medical leave may not be paid, and workers' compensation may not even cover them when they are injured on the job. In the end, temporary and migrant workers are forced to pay for their medical expenses out of pocket and suffer lost wages for the time they are away from work. Only in cases where an employer is found to be negligent can a worker try to seek compensation in the form of a civil lawsuit. But these are often times costly endeavors that don't always end in a victory for the victim.
The second reason why many temporary and migrant workers don't report work-related injuries is because they fear that their immigration status will be called into question. Some attorneys here in Pennsylvania, as well as others across the country, have seen cases in the past where an employer has called a worker's employment visa into question after the worker has filed an injury report. In some instances, workers have been deported despite their very real claim of injury as a result of unsafe working conditions.
According to Sarah Paoletti, director of the University of Pennsylvania's Transnational Law Center, the key to bringing greater safety and lower their risk of injury is for employers to recognize that they are at just as much of risk as any other employee. By offering the same safety training, employers can possibly avoid future accidents from occurring. Though this won't solve the problem of medical coverage, it at least lowers these types of workers' risk of work-related injuries.
Source: The Raw Story, "Temporary and migrant workers face 'systemic' problem of workplace dangers," David Ferguson, March 28, 2013