Temporary Agency Employee Hurt on the Job. L&I Job Injuries & Third Party Rights in Washington.

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.

Get Advice

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

Whats Next?

Construction Site Accidents and Third Party Claims In Washington 
Third Party Claims
Frequently Asked Questions (FAQ) 

Want to Contact Us:

Call for information or a free strategy session – 206-343-1988
Tell us Your Story  – Ask Your Questions via Email

How to get a Free Consultation and Case Evaluation.

There are 4 different ways you can get a free initial consultation. Take your choice:

  1. Complete the Free Case Evaluation Form below
  2. Call / text: (206) 343-1988
  3. Email us: [email protected]
  4. Schedule an appointment via Calendly

We usually reply to forms, texts, and emails within 1 business day.

Free Case Evaluation Form

"*" indicates required fields

Name
Ex. Back injury preventing me from working
Ex. How injury occurred, were you at work, who was involved, did you require medical treatment, how can we help you?
Consent*

The Smart Way to Find Out If You Have a Good Case.

Get a free consultation from a lawyer: Tell us about your concerns and let us show you some smart choices you can make for your claim. At the end of the call, no matter what you decide to do, you will have fresh ideas and an action plan. You will know that you have taken important steps to get your claim moving in the right direction. Protect yourself and your L&I claim with a free case consultation.

Don't Guess

Don't guess about the value of your claim. Don't compare your claim to someone else's. Get an expert opinion about your claim, from an experienced lawyer. Expertise counts, so use it to your advantage. Consultations are free. This strategy session will help you get informed.

Are Attorney Consultations Really Free?

Yes, they are. Because both you and the attorney want to know if your case is any good. A free phone consultation or email gets that figured out quickly.  Questions are answered and no time is wasted. Call 206-343-1988 or email and let us help you figure it out with a free consultation.

Chris Sharpe

Chris Sharpe

Christopher Sharpe is the go to attorney for injured persons. His law firm is helpful, honest, and knowledgeable about workers' compensation and personal injury law in the State of Washington. Chris has been helping injured Washington State workers for over 40 years. He has built his practice on thoroughly educating, honestly helping, and successfully representing workers throughout Washington State.

Learn more about Chris

Call Now Button