Georgia Aerotek Staffing Work Injury Lawyer
Temporary and contract workers placed through staffing agencies like Aerotek occupy a complicated corner of Georgia workers’ compensation law. When you get hurt on a job site where you were placed by a staffing company, two employers are involved in your claim: the staffing agency and the host employer where you actually did the work. That split structure affects who carries the workers’ compensation insurance, who controls your medical care, and how your wage benefits are calculated. A Georgia Aerotek staffing work injury lawyer who understands these layered relationships can be the difference between receiving the full benefits you are owed and watching a valid claim get quietly underpaid or denied.
How the Staffing Agency Relationship Complicates Your Workers’ Comp Claim
Aerotek places workers across dozens of industries in Georgia, including manufacturing, warehousing, logistics, aerospace, and light industrial work throughout the Atlanta metro area and beyond. When an Aerotek-placed worker gets injured, the first question is which employer’s workers’ compensation policy applies. Under the Georgia Workers’ Compensation Act, a staffing agency is typically the employer of record and carries the workers’ compensation coverage. But the client company where you were assigned can also be a statutory employer under certain conditions, which affects how claims are processed and who bears responsibility.
The practical consequence of this structure is that injured workers sometimes find their claims being passed back and forth between Aerotek’s insurer and the host company, each pointing at the other. Meanwhile, you need medical treatment now and cannot afford to wait while two sets of insurance adjusters sort out their liability.
- Aerotek is typically the employer of record, meaning their workers’ compensation carrier is the first line of coverage for most injuries.
- The host employer where you were physically working may qualify as a statutory employer under Georgia law, which can create overlapping obligations.
- Your wages for benefit calculation purposes are based on your earnings through Aerotek, not on what the host employer’s permanent employees earn for similar work.
- A third-party liability claim may be available against the host employer or equipment manufacturers if negligence or a defective product contributed to your injury.
- Aerotek’s insurer has financial incentive to minimize your claim, and their adjusters are experienced at doing so.
Georgia law gives injured workers specific rights regardless of how their employment is structured. Knowing those rights and asserting them against both Aerotek and the client company is not something that happens automatically. An insurance adjuster will not explain your options to you. An attorney who handles these claims regularly will.
What Aerotek Workers in Georgia Are Actually Getting Hurt Doing
The industries where Aerotek places Georgia workers carry real physical risk. Warehouses and distribution centers involve forklift traffic, heavy pallet loads, conveyor systems, and floors that get wet. Manufacturing facilities have machinery with pinch points, cutting hazards, and heat exposure. Construction and infrastructure projects involve falls from elevation, falling objects, and heavy equipment. Aerotek also places workers in commercial and industrial settings where chemical exposure and respiratory hazards are genuine concerns.
Because these placements are often temporary or contract-to-hire, workers may not receive the same safety orientation or job-specific training that permanent employees get. A worker who is brand new to a facility may not know which areas are restricted, which equipment requires certification to operate, or which chemical storage areas require respiratory protection. Employers sometimes assign temporary workers to tasks that are higher-risk precisely because those tasks are difficult to retain permanent staff for. That dynamic puts Aerotek-placed workers at elevated risk from their first day on a job site.
Injuries we see in staffing worker cases include back and shoulder injuries from heavy lifting, knee injuries from working on concrete floors over extended shifts, hand and finger injuries from machinery, head injuries from falling objects, and repetitive stress injuries that develop over weeks or months of the same physical motion. Any of these can support a Georgia workers’ compensation claim, and some may also support a separate third-party negligence claim if equipment was defective or the host employer created an unreasonably dangerous condition.
The Third-Party Claim: Why Staffing Injury Cases Sometimes Involve More Than Workers’ Comp
Workers’ compensation in Georgia is a no-fault system. You generally do not need to prove that anyone was negligent to receive benefits. But workers’ comp also limits what you can recover. Lost wages are paid at two-thirds of your average weekly wage, not your full paycheck. Pain and suffering are not compensable under the workers’ comp system at all.
When a third party, meaning someone other than Aerotek or your host employer, contributed to your injury, a separate personal injury claim may run alongside your workers’ comp case. That third party could be a machine manufacturer whose equipment lacked adequate safety guards, a property owner responsible for a dangerous condition on a job site, or a delivery driver whose vehicle struck you while you were working. These claims are handled through the regular civil courts and can include damages that workers’ comp will never pay.
The coordination between a workers’ comp claim and a third-party personal injury claim is legally complex. Georgia law gives the workers’ comp insurer a right of subrogation, meaning they can seek reimbursement from any third-party recovery you receive. Handling both claims correctly, so that you keep as much of that recovery as possible while still receiving your full workers’ comp benefits, requires attorneys who understand both systems. At the O’Connell Law Firm, Andrew and Dan O’Connell bring exactly that kind of well-rounded background to injury cases involving staffing placements.
Questions Georgia Aerotek Workers Ask About Their Injury Claims
Can I file a workers’ comp claim if I was placed by Aerotek and not directly hired by the company where I got hurt?
Yes. Aerotek is considered your employer of record in most placements, and their workers’ compensation insurance covers injuries you sustain while working on an assignment. The fact that you were physically located at a different company’s facility does not disqualify your claim. You should report the injury to both Aerotek and the host employer and then contact an attorney before taking any further steps.
What if Aerotek’s insurance company denies my claim or says my injury is not work-related?
Denials happen, and they are not the final word. The Georgia State Board of Workers’ Compensation has a hearing process through which denied claims can be challenged. An attorney can help you gather medical evidence, request an independent medical evaluation, and present your case before a workers’ comp judge. Andrew O’Connell’s background in workers’ comp defense work gives him detailed knowledge of how insurance companies build their denials and how to counter them.
Does it matter that my Aerotek assignment was temporary or that I had only been on the job a short time?
No. Georgia workers’ compensation covers employees from their first day of work. The length of your assignment or your employment status as a temporary worker does not affect your right to file a claim.
Can I choose my own doctor after a work injury through Aerotek?
In Georgia, the employer or their insurer generally has the right to direct your medical care initially through an approved panel of physicians. However, there are procedures for changing physicians, and in some circumstances you may be able to seek an independent medical evaluation. An attorney can advise you on how to navigate medical direction while protecting your right to appropriate treatment.
What if the host company where I was placed was responsible for my injury through their own negligence?
This situation may support both a workers’ comp claim through Aerotek’s insurer and a separate civil claim against the host employer. Georgia law limits workers’ compensation claims against co-employees in some circumstances, but the host company’s status under the law depends on the specific facts of your placement. An attorney needs to evaluate the relationship between Aerotek and the host employer before advising you on what claims are available.
How long do I have to file a workers’ comp claim in Georgia?
Georgia law generally requires injured workers to give notice of the injury within 30 days and to file a formal claim with the State Board within one year of the injury or the last date of authorized medical treatment. Missing these deadlines can bar your claim entirely. Acting promptly after any work injury is essential.
What benefits can I receive if my Aerotek work injury prevents me from returning to my assignment?
Georgia workers’ compensation provides payment for authorized medical treatment, temporary total disability benefits equal to two-thirds of your average weekly wage if you cannot work, and permanent disability benefits if your injury causes lasting impairment. In cases involving catastrophic injuries, additional benefits including vocational rehabilitation may also apply.
Injured on an Aerotek Assignment in Georgia? Talk to O’Connell Law Firm.
Workers placed through staffing agencies deserve the same full measure of benefits that any injured worker in Georgia is entitled to receive, and the complexity of the staffing arrangement should not be used against you. The O’Connell Law Firm represents injured workers throughout Georgia, including those placed by staffing companies like Aerotek in manufacturing, warehouse, construction, and industrial settings across the Atlanta area and surrounding counties. Andrew and Dan O’Connell handle these cases personally. When you call, you speak with an attorney, not a case manager. If you were hurt while working on an Aerotek staffing placement and want to understand what your claim is actually worth and what steps to take next, contact our office for a free consultation about your Georgia staffing agency work injury case.
