A Certain Degree of Control Could Save You From Suit
Here is the fact scenario: A contractor employs certain employees that are union members or employees that have a tendency to “roam” and/or be “loaned”—i.e. the employee technically works for one entity, but also performs work for another affiliated company. The employee is injured while working for the affiliated entity and not his actual employer. The employee collects workers compensation insurance benefits from his actual employer and then tries to file suit against the affiliated company.
Question: Is the employee entitled to collect workers compensation benefits from his actual employer, and then file a lawsuit to collect damages from the affiliated company?
Answer: Not according to the Rhode Island Supreme Court.
In Selby v. Baird, the plaintiff arrived at a residential home to begin his job as the foreman of a tree removal crew for a tree removal company. While the crew was setting up their equipment at the job site,