A temporary agency employee injured on the job has two possible claims:
Two claims can be better than one, but only if you handle them both properly.
Workers injured on the job can 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. A temporary agency worker can sue a third party. 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 workers injured on the job have an L&I claim. The temporary employment staffing agency is the employer of the temporary worker for L&I purposes. 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.
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.
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 have a third party claim and you can sue that company. You will still have an L&I claim and you also have a third party claim. Get details and see the rules at Third Party Claims.
This is a very important form. Get information about this so you make smart choices. How to complete the third party election form.
The Statute of Limitations is a very important law that sets the time deadlines that control third party lawsuits. See Statute of Limitations (L&I) for details.
These two claims overlap and they are complicated. It is important to know about both third party claims and L&I benefits. Get good information and make smart decisions. Check out the links below. Call us to talk about your rights 206-343-1988
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