Could Injured Temp Build Tort Case Against Furniture Designer?

What Do You Think?

Injured workers generally cannot sue their employers for negligence or other torts. The exclusivity rule makes the workers’ compensation act their sole avenue for relief. But what happens when a temporary worker assigned by a staffing agency gets injured? Can he sue the staffing company's client for negligence?

That issue arose in the case of an employee who was farmed out by a staffing agency to work at a furniture designer, Affordable Interior Systems. 

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The agreement between the staffing company and Affordable had an "alternate employer endorsement" that extended its workers’ compensation coverage to all its clients.

The worker was injured while working at Affordable and sued that company for negligence.

For an employer to be immune under the exclusivity rule from an employee's personal injury lawsuit, the employer must satisfy a two-part test:

1. It is an insured person liable for the payment of compensation; and
2. It is the direct employer of the worker.

Could the temp sue Affordable for negligence?

A. Yes. Affordable was not the worker’s direct employer and thus was not subject to the exclusivity rule.

B. No. The alternate employer endorsement made Affordable an “insured person” subject to the exclusivity rule.

If you selected B, you agreed with the court in Rosa v. Affordable Interior Systems, No. 24-P-540 (Mass. Ct. App. 08/27/25), which held that Affordable was immune to the worker’s lawsuit.

The court noted that in cases involving general and special employers, if a special employer meets the above two-part test, it is also immune to personal injury claims if the two companies have agreed that the special employer will carry workers’ compensation coverage.

The two employers had such an agreement. Further, because Affordable, the special employer, was also the worker’s direct employer, it was immune from tort liability.

The court held that the exclusivity rule insulated Affordable from the employee’s negligence claim.

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