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Temporary Agency Employee Lawsuites and L&I Job Injuries. Third Party Rights in Washington.

Can I Sue My Employer for an Injury if I am a Temporary Employee?

  • Yes, you can sue your job site employer for negligent or intentional injuries.
  • No, you can not sue the temporary agency employer  except for intentional injuries.
  • For non injury lawsuits see Employment Law, (employment law is not workers compensation).

Two Claims for One Workers Compensation Incident

A temporary agency employee injured on the job  has two possible claims:

  • An L&I claim for a job injury.
  • A third party claim if the place of business the temporary agency employee worked at was negligent.

Two claims can be better than one, but only if you handle them both properly.

Here is Why a Temporary Agency Employee May Have Two Claims

  • The Temporary Agency is the Employer

Temporary agency workers injured on the job always have an L&I claim. The temporary employment staffing agency is the employer of the temporary worker.  It is this temporary employment agency which you can not sue for most L&I job injuries. Your remedy against them is an L&I claim.

  • Job Site Employer is the Third Party

Workers injured on the job can however sue a responsible third party. The place where the temporary worker was sent when they were injured is not the employer for L&I claim purposes. The place of employment where the injured worker was sent and the injury happened is a third party which a temporary agency worker can sue. If the assigned place of business was negligent and you got hurt, you have a third pary claim and should get legal advice about a third party lawsuit. For important details see Third Party Claims.

Temporary Agency Employees are covered by L&I Workers Compensation

The temporary agency is the employer. Washington State L&I law requires them to cover their workers with L&I.

The employee recruited by a temporary employment agency, if injured while working on an assignment, files the L&I Workers Compensation claim naming the  employment agency as the employer. The L&I claim is not filed against the assigned place of business where the injury occurred.

Third Party Claim Rules Explained for Temporary Employee

The place of employment where the temporary employee was sent to work is a third party. If the injury was caused by negligence of that third party, then you can sue that company. You will  still have an L&I claim and you also have a third party claim. Get details at Third Party Claims.

Third Party Election Form

This is a very important form. Get information about this so you make smart choices when completeing the third party election form.

Get Advice

Because these two claims overlap they are complicated. It is important to learn about both third party claims and L&I benefits.  Get good information and make smart decisions about both of your claims.  Check out the links below. Call us to talk about your rights 206-343-1988

Whats Next?

Do I Have a Good L&I Case
Third Party Claims
Washington State Labor and Industries Law – Things you Need to Know
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