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Washington: Employee of Staffing Agency May Not Sue Agency’s Client Following Injury

March 23, 2017 (1 min read)

Where an employee of a staffing agency signed an agreement that provided, in relevant part, that he would be considered an employee of the agency’s client “for Workers’ Compensation purposes only,” the employee could not maintain a tort action against the client; under the state’s workers’ compensation laws, the employee would also be considered the client’s employee. The court acknowledged that the employer-employee relationship not exist without the consent of the employee. The court added, however, that here such consent was both explicit and implicit.

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 Forks v. EnCon Wash. LLC, 2017 Wash. App. LEXIS 682 (Mar. 21, 2017)

See generally Larson’s Workers’ Compensation Law, § 111.01.

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


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