Texas: Temporary Staffing Agency Worker Barred from Suing Hiring Company for Negligence

A Texas trial court did not err when it found that a worker’s negligence and gross negligence claims were barred by the exclusive remedy provision of the Texas Workers’ Compensation Act where the worker was an employee of a temporary staffing agency that provided staffing to a waste disposal company, particularly where agreement between the agency and company provided that temporary employees like the injured worker would perform under the company’s direction, supervision, and control. Evidence indicated that the company directed and controlled the details of the worker’s work and the worker sustained his injuries while working on a garbage truck that was owned by the company and driven by a company employee.

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 Guevara v. WCA Waste Corp., 2017 Tex. App. LEXIS 3650 April 25, 2017)

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

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