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Can I sue a job placement agency’s client if I am injured while working for the client?

You cannot bring a tort lawsuit against the placement agency’s client if the client is a special employer. A special employer is just like a regular employer and cannot be sued by its employees. The remedy for your injury is usually a workers’ compensation claim against the placement agency. The agency normally contracts with its client to cover workers’ compensation claims of the employees it places with the client.

New Jersey considers five factors in determining if a special employment relationship exists. A special employment relationship exists when (1) the employee makes a contract of hire with the special employer, (2) the work performed is essentially that of the special employer, (3) the special employer has the right to control the employee’s work, (4) the special employer pays a wage to the employee, and (5) the special employer can hire, discharge or recall the employee.

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