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While working on a contract assignment, Lori injured her back lifting a box. Lori is unable to work. The staffing firm is paying her workers' compensation benefits. In most states, is she likely to also be able to sue the client and obtain additional remedy for damages?

User AndrewSas
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Final answer:

Workers' compensation is usually the exclusive remedy for work-related injuries, preventing the employee from suing the employer. However, Lori might be able to sue the client under specific circumstances that go beyond typical employer-employee relationships and if state law allows it. Temp workers are considered equivalent to permanent staff with shared responsibilities between the staffing firm and the host employer.

Step-by-step explanation:

In most states, when an employee is injured on the job, workers' compensation insurance is typically the exclusive remedy available. This system is in place to ensure that employees receive timely medical treatment and wage replacement benefits while protecting employers from lawsuits. If a staffing firm is paying workers' compensation benefits to Lori, it suggests that Lori cannot sue her employer for the injury.

However, there could be exceptions where an employee might be able to seek additional remedy outside of workers' compensation. For instance, if the injury was caused due to some negligent act by the client that goes beyond the typical employer-employee relationship, or if there was a third party involved who contributed to the incident. So, while Lori is receiving workers' compensation, the possibility to sue the client may depend on the specific circumstances of her case and state law. Additionally, Temporary workers must be treated like permanent employees and both the staffing agency and the client company (host employer) have joint accountability. If there are violations of workplace health and safety requirements, agencies such as OSHA could hold both entities responsible.

User Safraz
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