Issue: Can an employee of a temporary staffing agency sue the company where he’s performing services for negligence?
General Rules: 1) The temporary employee is the employee of the staffing agency. 2) Workers compensation prevents suits against employers beyond the scope of Workers Comp claims (except Woodson claims involving willful and wanton behavior). 3) A temporary staffing employee is not treated as an employee of the firm/company where he is performing services. This is usually in the contract between the temp company and the firm/company that uses the temp.