Texas: Temporary Employee May Not Sue “Borrowing” Employer in Tort Following Injury in Work-Related Incident

A temporary employee of a staffing agency who was assigned to a tractor supply company was an “employee” of the latter and accordingly could not sue the supply company in tort following a work-related accident. The record showed that at the time of his injury, the employee was working on the tractor supply company’s premises, in furtherance of its business, and the details of his work that caused his injury were specifically directed by the company. Moreover, the tractor supply company established that it was covered by a workers’ compensation insurance policy obtained by the staffing agency that included an alternate employer endorsement. Texas Labor Code Ann. § 408.001(a) barred the employee’s recovery from the tractor supply company.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Tractor Supply Co. of Tex., L.P. v. McGowan, 2016 Tex. App. LEXIS 4450 (Apr. 28, 2016)

See generally Larson’s Workers’ Compensation Law, § 100.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.