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Can borrowed employees file a claim?

In Louisiana and many other states, some companies will borrow employees from another company to perform a job that they may not have the right personnel to complete. These borrowed employees will work within their location until the job is completed, and then they will return back to their original employer. However, there are cases where the borrowed employee is injured while performing the job. Understandably, both employees and employers want to know whether they can file a claim for compensation.

Filing tort claims

When a borrowed employee has injured themselves on the job, they might want to file a tort claim against the company where they were working. Unfortunately, this is not possible. Instead, the borrowed employees may only have the option of filing a workers’ compensation claim through the state’s program. For example, those working on oil rigs as borrowed employees may seek medical or personal compensation in accordance with the Longshore and Harbor Workers’ Compensation Act.

What defines a borrowed employee?

Companies will attempt to prevent lawsuits from seeing any light by stating to the courts that the employee was a borrowed employee, so the company is immune from such lawsuits. But what exactly determines if a person is a borrowed employee or not? Here is a list of a few of the questions a court would ask:

  • Where was the employee at the time of the injury?
  • What was the agreement between both companies?
  • What was the timeline for the borrowed employee?
  • Who was paying the employee?
  • Whose project was being worked on?

If you are injured while working as a borrowed employee, seeking the compensation you desire may be complex. It is important to ensure that your first step is to obtain an attorney experienced in this area of law.