In a divided decision, the Supreme Court of Washington held that a staffing agency might, at least in some circumstances, be liable for the borrowing employer’s safety violations under the state’s Industrial Safety and Health Act (WISHA) if the agency...
Observing that at least eight of the ten factual inquiries as to borrowed employee status pointed toward an employment relationship between the plaintiff, who sustained injuries within two hours of first reporting for work, and the defendant, which had contracted...
Applying what it said was the "economic realities test," a Washington appellate court found that a borrowing employer had exercised sufficient control over the borrowed employee that the employee staffing company supplying the worker should not be liable...
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...
The Arizona Department of Corrections was the statutory employer of a clinical social worker supplied to the department by means of a staffing agreement between the department and an employment services agency. Because the department retained the right to control...
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;...
Where a truck driver was employed by a trucking company that, in turn, contracted with a building materials supplier to provide delivery services related to materials purchased at the supplier’s stores, the building materials supplier was the driver’s...
The widow and the estate of a construction worker may not pursue a wrongful death action against a construction staffing company regarding the worker’s death in a work-related accident where the worker interviewed directly with one of the staffing company’s...
Where a worker was employed by a subcontractor who supplied staff to an employer that set the worker’s schedule, assignments, and training, the employer was the worker’s statutory employer and, since it was a workers’ compensation subscriber,...
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...
An “alternate employer endorsement” written into the workers’ compensation insurance policy maintained by an employment staffing company that named the defendant special employer as an additional insured satisfied the requirements of Mass. Gen...
A parking attendant, who worked for a staffing company that contracted with a resort hotel to supply workers for valet parking is barred by the exclusive remedy doctrine from suing the resort in tort for injuries he sustained when he slipped on water while on his...
Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Temporary workers are having a decidedly permanent...