By Phillip Ayers | Associate | Seattle Office

A host employer is a business that employs temporary employees (or “temps”) or contractors provided by external agencies, such as staffing firms. Temporary positions are usually for a specific, short-term assignment. However, some engagements may extend for longer periods or even become permanent.

According to the Protecting Temporary Worker rule, Chapter 296-801 WAC, the host employer and the staffing agency share responsibility for providing a safe work environment. The host employer must identify workplace hazards, provide site-specific training, and supply necessary protective equipment, while the staffing agency should evaluate the job assignment, provide general safety training, and ensure workers are not placed in harm’s way. 

When a workplace accident occurs, the specific nature of the employment relationship determines the available legal avenues. While injured temporary workers often qualify for workers' compensation to cover medical expenses and lost wages, they may also have the right to pursue legal action against host employers or third parties depending on the established relationship.

Can You Pursue a Claim Against A Host Employer?

Whether you can bring a claim against the company where you were assigned to work depends on whether that company is legally considered your employer under Washington law. That determination is not always straightforward, especially for temporary workers.

A host company may argue that it was your employer because employers are generally protected from injury lawsuits under Washington's workers' compensation system. To claim that protection, the company must prove it controlled your work and that you agreed to an employment relationship with it.

If the company is not considered your employer, it may be treated as a third party and can be sued for damages not covered by workers' compensation, including pain and suffering.

Similar rules apply on construction sites. If you work for a subcontractor and are injured because of unsafe conditions, the general contractor is often not your employer and may be held responsible. Washington law requires general contractors to maintain a safe jobsite for all workers, regardless of who employs them.

How Do You File a Claim If The Host Employer Is Not Your ‘Employer?’

Companies or individuals who are not your employer are considered "third parties." If a third party's negligence contributed to your workplace injury, you may have the right to file a personal injury claim in addition to a workers' compensation claim.

In Washington, these claims can often be pursued at the same time. While workers' compensation can cover medical bills and a portion of lost wages, it does not provide compensation for pain and suffering. A third-party claim may allow you to recover additional damages and hold the responsible party accountable for the unsafe conditions that caused your injury.

Filing a third-party claim does not affect your eligibility for workers' compensation benefits. However, a portion of any settlement or verdict may be used to reimburse benefits that have already been paid.

Common examples of third parties that may be responsible for a workplace injury include:

  • A company where you were placed by a staffing agency that created unsafe working conditions
  • A subcontractor that caused or failed to fix a hazard on a jobsite
  • A property owner that failed to maintain a safe environment on its premises
  • A maintenance or cleaning company that created a dangerous condition on its premises
  • A careless driver who caused a crash while you were working
  • A manufacturer that produced defective equipment, tools, or machinery such as a forklift

What Should You Do After a Workplace Injury?

If you are injured on the job, you should:

  • Follow the host employer's injury reporting procedures
  • Seek medical treatment as soon as possible
  • Speak with an experienced workplace injury attorney to understand your legal rights 

An experienced workplace injury attorney can investigate the circumstances of your accident, identify all potentially liable parties, and help you pursue the justice you deserve.

Speak to an Experienced Workplace Injury Attorney 

Understanding who may be responsible for your injury can be confusing, especially when you're focused on getting medical treatment and recovering. At GLP Attorneys, we are here to help you understand your rights, identify all potential sources of recovery, and guide you through the process every step of the way. 

If you or a loved one has been injured while at work, call us at 800.273.5005 or email our attorneys at to schedule a free lawyer consultation