Key takeaways
- IC 22-3-6-1[2] makes a lessor and lessee of leased employees joint employers for the specific workers’ compensation provisions named in that statute.
- IC 22-3-6-1[2] applies only to a lessor and lessee of leased employees.
- The Worker’s Compensation Board says you should report any work accident to your employer immediately and warns that a claim may be denied if you wait more than 30 days.
- In a temp-placement dispute, it is prudent to notify both the staffing agency and the host company so there is a clear record of notice.
- A separate claim may still exist against a legally responsible person or business that was not your employer and not in the same employ.
Many temporary assignments involve two companies. The records below can help organize who did what. For broader background, see Delventhal Law Office’s guide to qualifying for Indiana workers’ compensation, the explanation of how soon to report a work injury in Indiana, and the firm’s Fort Wayne workers’ compensation page.
Indiana’s rule for temp workers
IC 22-3-6-1[1] defines “employer” for Indiana workers’ compensation and states that a lessor and lessee of employees are joint employers for the purposes of IC 22-3-2-6[3] and IC 22-3-3-31[4]. The statute speaks specifically of a lessor and lessee of employees.
In many temp placements, the staffing agency may be argued to be the lessor and the assigned workplace may be argued to be the lessee, but the actual agreement, payroll records, onboarding documents, and day-to-day working relationship still matter. IC 22-3-3-31[4] addresses contribution when an employee is in the joint service of two or more employers and allows a different distribution if the employers made a reasonable arrangement.
This is why the legal-employer question and the claim-contact question are not always identical. The records may show who reported the claim, who is adjusting it, and what employer name appears on the file without resolving every legal issue about employment status.
How to identify the right claim contacts
There is no safe one-size-fits-all answer based only on whose building you were in or whose name was on your paycheck. Instead of assuming which policy should respond, identify the people and documents already tied to the claim.
| Question | What to check | Why it helps |
|---|---|---|
| Who issued your pay? | Pay stubs, tax forms, and onboarding records | Identifies the payroll employer named in your hiring paperwork. |
| Who assigned the job? | Texts, emails, assignment notices, and staffing-app records | Shows how the placement was set up and documented. |
| Who directed the work? | Supervisor names, training records, schedules, and written instructions | Describes the day-to-day assignment. |
| Who opened the file? | Carrier name, adjuster contact, claim number, acceptance letters, and denial letters | Identifies who is currently administering the file. |
| Was another business involved? | Vendor records, equipment ownership, delivery records, and witness information | Shows whether another business appears in the records. |
The Indiana Worker’s Compensation Board provides an official tool to confirm workers’ compensation coverage[5].
What to do after the injury
- Report the accident to your employer immediately. The Worker’s Compensation Board says you should report any accident to your employer, boss, foreman, or supervisor immediately and warns that if you wait more than 30 days your claim may be denied.
- In a temp placement, notify both companies as a practical step. The Board’s guidance is to report to your employer. In a divided-workplace arrangement, also notifying both the staffing-agency contact and the host-site supervisor can create a cleaner record of notice and reduce finger-pointing later.
- Ask who is directing authorized care. The Board says that in Indiana the employer directs medical care. Ask the contact identified in the file for written nonemergency-care instructions and preserve any conflicting directions.
- Write down the basic facts. Note the date, time, location, assigned task, affected area, witnesses, and everyone who received the report.
- Preserve communications. Save assignment messages, schedules, incident reports, restrictions, work-status notes, and correspondence from both companies.
For more detail, review reporting an Indiana work injury, selecting the authorized doctor, and filing an Indiana work claim.
Documents that can clarify the employment relationship
You do not need to choose a label before making the report. The following records may help organize the history:
- Staffing-agency application, offer letter, handbook, and assignment agreement
- Pay stubs and time records
- Host-site orientation and training materials
- Names of supervisors at both companies
- Messages about schedules, duties, discipline, transfers, or ending the assignment
- Incident reports and witness contact information
- Insurance letters, claim numbers, and written denials
- Medical records and work-status documents concerning the reported injury
Keep complete copies and build a dated timeline while the details are fresh. That record can help show who hired you, who directed the work, who received notice, and who is handling the file.
When another party may be involved
IC 22-3-2-6[3] generally makes workers’ compensation the exclusive remedy against an employer for a covered accidental workplace injury. If the staffing agency and host company legally qualify as the lessor and lessee of leased employees under IC 22-3-6-1[1], that joint-employer rule can affect whether a negligence claim against the host company is barred.
IC 22-3-2-13[6] separately permits an injured employee to pursue damages against a legally responsible person other than the employer and not in the same employ.
IC 22-3-2-13[7] governs reimbursement, costs, settlement consent, and the effect of a recovery on future compensation. For more background, see how workplace payments interact with claims against others.
What if the staffing agency and host company point at each other?
Do not assume that a disagreement between the companies decides your rights. Ask each company to identify its position in writing, identify its workers’ compensation carrier or administrator, and preserve any denial letter or claim-closing notice.
The Worker’s Compensation Board advises workers who cannot resolve a dispute with the employer’s insurance carrier or a self-insured employer to contact the carrier first, then use the Board’s ombudsman and dispute-resolution resources, and file an Application for Adjustment of Claim if the dispute remains unresolved. The Board also offers a Request for Assistance process[8].
If the claim is being delayed or denied, compare the paperwork with Delventhal Law Office’s guides to a Request for Assistance, what to do if an Indiana workers’ comp claim is denied, and filing an Application for Adjustment of Claim.
Frequently Asked Questions
Is the temp agency always the only employer responsible?
No. IC 22-3-6-1[2] addresses a lessor and lessee of leased employees; it does not state that every staffing relationship fits those roles.
Should I report the injury to both companies?
The Board says to report a work accident immediately to your employer. In a temp-agency arrangement, notifying both the staffing agency and the host-site supervisor is a practical way to create a clear notice record; that two-recipient step is a practical recommendation, not a Board quote.
Who chooses the doctor for an Indiana temp-worker claim?
The Board says that in Indiana the employer directs medical care. Ask the contact identified in the file for written nonemergency-care instructions and preserve any mixed directions from the two companies.
Can I sue the company where I was assigned?
Maybe not. If the host company legally qualifies as a joint employer under IC 22-3-6-1[2] for purposes of IC 22-3-2-6[9], workers’ compensation exclusivity may bar a negligence claim against that host.
Can I have workers’ compensation and a claim against another company?
Yes. IC 22-3-2-13[7] allows a claim against a legally responsible person other than the employer and not in the same employ. IC 22-3-2-13[7] governs reimbursement from that recovery and its effect on later compensation.
What if neither company will open a claim?
The Board says to contact the employer’s insurance carrier or self-insured employer to find out why the claim is denied, use the ombudsman or other dispute-resolution options if needed, and file an Application for Adjustment of Claim if the dispute remains unresolved.
If the two companies disagree about a temporary assignment, Delventhal Law Office can review the placement records, correspondence, and next steps during a free consultation.
This article provides general information about Indiana law and is not legal advice. The firm accepts a matter only after both sides sign an engagement letter.
