Can Day Laborers Get Workers’ Compensation?

Workers' Compensation - June 4, 2025 by Horwitz, Horwitz & Associates

Maybe. If you’re a temporary worker working for a staffing agency in Illinois, you should be covered under workers’ compensation through the agency you’re contracted with. The Illinois Day and Temporary Labor Services Act requires third-party staffing agencies to carry the same workers’ compensation insurance as other employers in Illinois.

Temporary employees in Illinois, especially those hired for day-labor jobs like landscaping, construction, and painting, run the same risks of workplace injury as other employees in these positions. Illinois employers are required (with a few narrow exceptions) to carry workers’ compensation insurance coverage, which provides medical benefits and wage replacement for employees injured on the job.

But what about people who hire day laborers directly, i.e., not through a staffing agency? There are many people who may work a few days on manual labor projects for another party, like painting, roofing, or construction, who are hired for the day, paid directly by the company, but not offered employment with the organization. If these people get injured while working, labor laws get a little murkier. An experienced Chicago workers’ compensation attorney can explain your rights as a day laborer.

Illinois workers’ compensation rights for temporary workers

Whether a short-term worker is entitled to workers’ compensation benefits depends on their employment status. It’s important to note that there is a distinction: Whether someone is eligible for workers compensation depends on their employment classification, not their immigration status.

Eligibility of staffing agency temps for Illinois workers’ comp

If you work for a temporary staffing agency, one that matches workers with employers based on the individual’s skills and availability, and you experience a work-related injury while working for the company the staffing agency sent you to, then yes, you can get workers compensation, through your staffing agency, not through the company you’re working for.

So, you should report the injury to the business you’re working for so they know you’re hurt and need medical treatment (and cannot continue working), but you file a claim through the temp agency. Then, you’ll work with that agency to coordinate paying for your medical bills, getting your wage replacement (if you miss more than three scheduled work days), and scheduling your return-to-work date after your treating physician approves you to resume working.

It’s important to note that the staffing agency is liable for injured temp workers. If an issue arises with your claim, such as a denial or retaliation, and you choose to file a personal injury lawsuit, you’d file it against the agency.

Eligibility of day laborers for Illinois workers’ comp

Day laborers, those that are hired directly by the entity they’ll be working for, are also usually eligible for workers’ compensation, although their eligibility may be in more of a gray area. Many employers consider these day workers to be independent contractors (a classification of workers not covered by their workers’ compensation insurance).

What about people who are paid cash daily to perform simple manual labor tasks for different employers? What about people who gather in spots near hardware stores or lumber depots seeking non-contracted work?

If these people get hurt on these jobs, they may be eligible for benefits under the company’s workers’ compensation plan. However, many businesses or individuals who hire these day-to-day workers don’t have workers’ compensation and may not be legally required to have this kind of insurance. An owner-operator roofer, painter, or construction contractor may not be required to carry Illinois Workers’ Compensation Insurance and pick up a few extra hands as needed.

These cases can get complicated. Some injured workers may not report the injury or make a fuss because they’re nervous about their immigration status. Others may try to report the injury only to realize that there’s no coverage available for them. Still, others may have a problem if they work for more than one entity in the same time period they were injured: Each entity’s insurance carrier may deny the claim because the date of the injury is unclear.

In the last few situations, the injured worker could file a lawsuit for compensation against the party they were working for.

Talk to a lawyer about workers’ compensation benefit eligibility

If you were hurt while working as a day laborer and weren’t placed through a temp agency, you may have grounds to file a suit for damages to cover your medical care and other losses. These cases can be challenging, as they may involve not just Illinois employment laws but tort laws and premises liability statutes. Our law firm has years of experience litigating tough workplace injury claims, and we can help you learn your rights and advocate for your interests.

Injured at work? Get the legal help you need

If you’ve been hurt on the job, it’s important to understand your rights and options for compensation. Horwitz, Horwitz & Associates is here to help you navigate workers’ compensation claims and ensure you receive the benefits you deserve. Call us today at (800) 985-1819 for a free consultation with our experienced attorneys.