Can I Sue My Employer for a Job Injury if I am a Temporary Employee?
- Yes and No.
- Yes, you can sue your JOB SITE EMPLOYER for their negligence if it causes your injuries.
- No, you can not sue the TEMPORARY AGENCY EMPLOYER except for intentional injuries. Your remedy with the temp-agency is to file an L&I claim
- For non injury employer lawsuits see Employment Law
Two Claims for One On the Job 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.
Can I sue My Employer? Here is What a Temporary Agency Employee Can Do
- Job Site Employer is the Third Party Which You Can Sue
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.
- The Temporary Agency is the Employer Which You Cannot Sue
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.
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 Law 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 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.
Third Party Election Form
This is a very important form. Get information about this so you make smart choices. How to complete the third party election form.
Statute of Limitations
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
Want to Contact Us:
Call for information or a free strategy session – 206-343-1988
Tell us Your Story – Ask Your Questions via Email