The general rule is “no” you cannot. Essentially, in Arizona workers’ comp law, borrowing employers are immune from lawsuits even if their negligence causes the temporary worker’s injury.
There is a narrow exception to this rule if the temporary worker is doing a job activity that is completely outside the normal course of the borrowing employer’s trade of business. However, in our years of practicing workers’ comp law in Arizona, we have yet to see a borrowing employer sued under this context.
If you think about it, it makes sense. Why would companies hire temporary workers and pay a premium on the wages to then open themselves up to a lawsuit from that temporary worker if the borrowing employer was negligent?
Not every Arizona injured worker’s case is the same. That’s why it’s crucial to consult with an experienced law firm that practices in the area of workers’ compensation. You never know, you could be the exception to the rule.
Fendon Law Firm is the largest family owned workers’ compensation and Social Security Disability law firm in Arizona. We offer free consultations on all workers’ compensation and Social Security cases. We treat our clients like family because we are family.