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Wisconsin appellate ruling clears way for temps to claim damages

Working in America has some of the best advantages for skilled employees in the world. But the face of labor in this country is constantly changing, and many aspects of employment have never been more complex. A temporary worker may not know who is actually cutting his check or who else may be making money from his labor.

This can make it complicated to gain compensation if someone is injured or killed on the job. Many companies will try to take refuge behind an employment service or another way of avoiding liability. A recent lawsuit in Wisconsin is now making it easier for employees to get what they deserve.

The case originated with a car crash that killed three workers on their way to a job in a car owned by the defendant and driven by a temporary employee. The driver was ruled negligent, and the survivors of one of the passengers sued the larger company and the car's insurers for damages.

A court ruled against this connection to the company but an appeals court overturned it, ruling that the victim may be seen as employed by the company and not just the staffing agency. This allows the plaintiffs to either claim workers' compensation or file a tort claim in civil court.

Workers injured on the job or the survivors of workers killed on the job deserve the right compensation. If a company is not forthcoming on its liability, an attorney is often the best ally. A lawyer can help analyze possible claims and forward the best one through negotiation, settlement or a jury verdict.

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