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 both of them properly.
Workers injured on the job always have an L&I claim. The employment staffing agency is the employer of the temporary worker. It is the temporary 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 should get legal advice about a third party lawsuit.
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 you can sue that company and still have an L&I claim. A third-party election form also needs to be completed and filed with L&I.
These overlapping claims get complicated. It is important to learn about both third party claims and L&I benefits. Get good information and make smart decisions on your claims. Check out the links below. Call us to talk about your rights.