Shared Employees
Monday, January 15th, 2001 Workers' CompensationWorkers‘ compensation provides a symbiotic relationship for workers and employers. Workers are assured of a certain and speedy recovery for their workplace injuries. For this assurance, they concede their right to bring common law action against their employers. Employers provide coverage to ensure their immunity from most liability resulting from work-related incidents. The concept is simple. However, some employment situations can cause confusion. When employees are shared, who is considered the employer? Who provides the coverage? Who is immune from tort liability? Courts in two jurisdictions recently addressed these issues in situations involving borrowed employees and the use of subcontractors. In Pradia v. Southern Personnel of LA, Inc., 2000 La. App. LEXIS 2308, a borrowing employer asserted that it was immune from tort claims in the accidental death of its borrowed employee.
