Quality labor is becoming hard to find in the construction industry and as a result, construction companies are turning to staffing firms. Employers sign the staffing firm’s agreements in order to get the labor they need, but this can lead torisk management and insurance complications。有两条覆盖范围需要审查：工人的赔偿和一般责任。本文将解释覆盖范围的潜在差距，并提出解决方案以避免可能的问题。

劳动者报酬

It’s understood that staffing firms are required to carry workers’ compensation for the labor they provide. However, this doesn’t mean construction companies are free from potentialwork compclaims.

• 示例：劳工在工作中受伤。人员配备公司为该工人提供工作补充。然后，该工人起诉建筑公司作为“监督雇主”和/或“疏忽”的责任。

虽然合同要求猎头公司to provide work comp for the laborer, it cannot prevent the laborer from suing the construction company. For this reason, we suggest the staffing firm carry an Alternate Employer Endorsement on their work comp policy, naming the construction company (ISO Form: WC 00 03 01A). This endorsement acts like an Additional Insured Endorsement does on the general liability policy. Therefore, if the construction company were to be sued, they would simply tender the claim back to the staffing company. In addition to requiring this form in the contract, the contract should also require the staffing firm to include a Waiver of Subrogation in favor of the construction company on their work comp policy. This way the staffing firm’s work comp carrier cannot subrogate, or go after, the construction company’s work comp carrier.

General Liability

据了解，建筑公司将被要求代表工人承担一般责任。但是，这并不意味着建筑公司的一般责任政策将因劳工的疏忽而引起的所有索赔，尽管建筑公司已经接受了自己与人员之间的合同中的责任。为了理解这一点，我们必须研究租用工人，，，，临时员工，，，，and员工。

• 租用工人means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include temporary worker.
• Temporary workermeans a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions.
• 员工includes a leased worker but not a temporary worker.

An employee is an insured under the general liability policy. A leased worker is considered an employee per the definition of employee, so a leased worker is an insured. A temporary worker is not considered an employee per the definition of employee, so a temporary worker is not considered an insured.

因此，如果人员配备公司派出租赁工人，就没有问题。租赁工人被认为是雇员，雇员涵盖了一般责任政策。

The issue arises if the staffing firm sends a worker who falls under the definition of temporary worker. Since a temporary worker is not an employee, they are not an insured under the general liability policy. So, if the temporary worker was to cause a general liability claim, and if the temporary worker was named individually, the general liability carrier might deny coverage to the temporary worker. Note, the general liability carrier would defend the construction company from the negligent acts of the temporary worker.

Unlike work comp, there is no clear solution. We recommend the construction company name the staffing firm as an Additional Insured and that each party carry a Waiver of Subrogation on their general liability policy. The construction company would need to explain their use of staffing firms to their general liability carrier, as well as send the labor contract. The construction company needs to confirm that all laborers will be treated as insureds, thus covered, under the general liability policy regardless of whether they meet the definition of leased worker, or temporary worker.

Conclusion

Labor will be an ongoing issue for the construction industry and staffing firms will continue to be used. It’s important that both parties clearly outline responsibility in the governing contract. Generally, the staffing firm picks up the laborer’s workers’ compensation and the construction company picks up the laborer’s general liability. However, insurance companies have different definitions for different types of workers which could lead to problems. As a result, we suggest the following:

• 劳动者报酬– The staffing firm needs to carry an Alternate Employer Endorsement and a Waiver of Subrogation naming the construction company.
• General Liability– The construction company needs to carry an Additional Insured Endorsement naming the staffing firm on their general liability policy. There needs to be a mutual Waiver of Subrogation on both the staffing firm’s and construction company’s general liability policies. The construction company needs to send the labor contract to their general liability carrier and they need to receive confirmation that all laborers (whether they meet the definition of leased worker or temporary worker) are considered insureds under their general liability policy.

See Recommended Hiring Practices for the Construction Industry