With the difficult state of the economy, a growing number of employees have been forced to accept part-time or temporary employment often through a temporary employment agency. When a worker is placed by a “temp agency,” especially as a laborer or factory worker, the employee faces the risk of suffering a workplace injury just like full-time employees. Many people are aware that the worker’s compensation system provides the exclusive remedy against an employer for a work-related injury or occupational illness. In the context of a temporary worker, a question frequently posed by a person placed with a manufacturing firm or other business is whether the worker’s compensation constitutes an exclusive remedy.
The United States District Court, S.D. Mississippi, Southern District in Cook v. Quickspray, Inc. analyzed this issue. The employee brought suit against Accu-Fab after being placed by the Global Employment Services, Inc. and suffering injury in an industrial accident in the manufacturing company’s Moss Point Mississippi plant. The placement was accomplished through execution of a contract between Accu-Fab and Global that provided Global would assume responsibility for paying the workers and retain all responsibility and control over management of worker’s compensation claims, including statutory compliance regarding employees supplied to Accu-Fab.
While working at the Accu-Fab plant, the worker was tasked with sandblasting and spraying a protective coating on large pipes. He was exposed to a toxic substance when the material line connecting the pump to the spray gun ruptured. Subsequently, he developed a silica-related lung disease. When the worker filed a lawsuit against Accu-Fab for his serious occupational illness, the company claimed immunity from suit and alleged that the worker’s compensation system constituted the afflicted employee’s sole remedy. The work was performed in the “blast yard,” which is an area that was segregated from the rest of the plant.
Accu-Fab contended it was immune from suit under the Mississippi Workers Compensation Act (MWCA) based on the “loaned servant” doctrine. This doctrine provides statutory immunity to general contractors for injuries sustained by its subcontractors’ employees. Under this analysis, Accu-Fab contended it qualified as a general or sub-contractor covered by this legal doctrine.
The appellate court first noted that a worker can be employed by more than a single employer simultaneously, and both employers can be shielded from liability by the MWCA. The court indicated that this dual employment depends on three inquiries:
(1) Whose work is performed;
(2) Who has a right to control the worker; and
(3) Whether the worker has voluntary accepted the assignment.
In applying these factors to the facts, the court initially observed that the worker was solely performing tasks for Accu-Fab by using the tools and materials of the company. Supervisors at Accu-Fab also directed and controlled his work. Finally, the worker voluntarily accepted the assignment since he had been employed there for approximately five months.
The plaintiff disputed that the “loaned servant” doctrine applied because he was not engaged in normal or typical work of the company. He indicated his task of applying a protective coating with a Quickspray pump was different from the manufacture and fabrication of storage tanks. However, the court disagreed and indicated the relevant task performed by the worker constituted a stage in the process of producing the industrial tanks.
Because the employee was determined to be a “loaned or borrowed employee” under this criteria, then worker’s compensation benefits constituted an exclusive remedy. While his personal injury lawsuit against Accu-Fab was not permitted to proceed, he might have a remedy against another third party (i.e. a non-employer) depending on the facts.
Our Mississippi worker’s compensation attorneys represent injured employees in worker’s compensation claims and third party lawsuits against third parties. We can determine your specific rights against the different parties who might have been involved in causing your injury or occupational illness. At Barrett Law, we are here to help. Contact our seasoned Mississippi Worker’s Compensation Lawyer today at (601) 790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
