Temporary Agency Employee Injured on the Job. An Introduction to Third Party Claims.
One Accident = Two Claims – L&I Claim and Third Party Claim
A temporary agency employee with a job injury has two possible claims:
- An L&I claim for the job injury.
- A personal injury claim against a third party.
Temporary Agency Employees — How Third-Party Law Works
- Temporary agency employees CANNOT sue their temp agency employer for a job injury. Instead, they should file an L&I claim, naming the temp agency as the employer.
- Temporary agency employees injured on the job CAN sue a negligent third party.
- The definition of an employer for L&I purposes is different from that of WISHA or OSHA. For L&I purposes, the staffing or temporary employment agency is the employer, which you cannot sue. The business where the temporary agency worker is sent to do the job is not the legal employer. That business is a third party. If the company at the place of employment is negligent, you can sue them with a third-party claim.
L&I Claim
A temporary agency employee injured on the job in Washington State has an L&I claim. The injured worker is an employee of the temporary agency. This temp agency hires and pays them, takes out taxes, etc. That temporary agency is the employer. The injured worker has an L&I claim with this employer.
Third-Party Claim
The temporary agency employee is usually assigned to work at a different business. That different business is a third party. If the temporary agency employee is injured at that place of business and that place of business is negligent, then there is also a third-party claim.
One Accident / Two Claims – Coordinate Them!
We know we are repeating ourselves — but this is important! A temporary agency employee injured on the job due to negligence at the assigned place of work has two claims: An L&I claim and a third-party claim.
These are two separate claims, but they significantly affect each other. Action taken on one claim will influence the other claim. It is very important to plan and manage the two claims together. A lack of coordination can ruin either or both of these claims.
Coordination of the two claims is easy if you plan ahead and know what you are doing. Get good advice and have a smart plan, and you may be rewarded with a good result for both claims.
Statute of Limitations (SOL) For Temporary Agency Employees
What is a Statute of Limitations?
The Statute of Limitations is a time deadline. You must take appropriate action before too much time passes and the statute of limitations runs out, or you will lose your claim. Different claims have different statutes of limitations.
L&I CLAIM Statute of Limitations Explained
- L&I INJURY Claims: The SOL is one year from the date of injury. You must file your L&I claim within one year of the injury date, or you will lose it.
- L&I OCCUPATIONAL DISEASE Claims: The claim must be filed within two years following the date the worker has both written notice from a physician that the occupational disease exists and a claim for disability benefits may be filed. See RCW 51.28.055. The amazing thing about L&I occupational disease SOL is that it often does not begin to run. Said another way, you may have much more than 2 years.
- Occupational Disease vs Injury. It makes a Difference. Too many words are wasted over the distinction between Occupational Disease and Injury. Learn more here: L&I Claims are Either Injuries or Occupational Diseases.
Third-Party Claim Statute of Limitations
- The third-party claim SOL for negligence is 3 years in most Washington cases. You must settle your claim or file a lawsuit before the SOL runs.
- If you miss the third-party SOL, there may still be hope. The Washington State Supreme Court says in the Carrera v Olmstead decision that if L&I brings the third-party claim, they do so in the public interest. This decision means that the SOL does not run against L&I when they bring a third-party claim. Said another way, there may still be life in your claim if you miss the usual third-party SOL.
- Call or write if we can explain further.
Where to Get Good Legal Advice
What you are reading here is legal information. Legal information is general information about the law. This is good information, but it is only information.
Legal advice is different. Legal advice takes your facts and applies them to the law. It is this application of your facts to the law that makes for a good plan and a good result for your case.
Good legal advice about L&I and Third-Party claims comes from lawyers who have done this many times. This is what third-party lawyers do. Schedule a free consultation for sound legal advice.
