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