Updated
Updated · Bloomberg Law · May 4
Dayco wins appeal barring forklift operator negligence claim
Updated
Updated · Bloomberg Law · May 4

Dayco wins appeal barring forklift operator negligence claim

3 articles · Updated · Bloomberg Law · May 4

Summary

  • A Tennessee appellate court ruled the worker, supplied by a temporary staffing agency and injured at Dayco’s facility, was Dayco’s borrowed employee.
  • That finding made Tennessee workers’ compensation law his exclusive remedy, upholding summary judgment for Dayco and blocking his common-law negligence lawsuit.
  • The decision reinforces borrowed-employee protections for host employers using temporary labour when workplace injuries fall within workers’ compensation coverage.

Insights

How can companies use temporary staff without risking huge lawsuits or violating new federal joint-employer rules?
Does the 'borrowed employee' rule fairly protect workers, or does it create a legal loophole for corporate negligence?
If a contract says you're not an employee, why can the law use that status to block your negligence lawsuit?