Define: Loaned Servant

A loaned servant refers to a situation where an employee is temporarily loaned or borrowed by another employer to perform work under their direction and control.

The concept of loaned servant can impact liability because it determines who is responsible for the actions and behavior of the employee during the loaned period. The borrowing employer may become liable for the actions of the loaned servant.

Factors such as who has the right to control and direct the employee’s work, who provides the tools and equipment, who pays the employee’s wages, and the duration of the loaned period are considered in determining if someone is a loaned servant.

In most cases, a loaned servant cannot sue the borrowing employer for workplace injuries. Instead, they would typically be covered by workers’ compensation insurance provided by their original employer.

Yes, a loaned servant can be held liable for their actions while working for the borrowing employer. They are responsible for their own negligence or misconduct.

In general, a loaned servant cannot refuse to work for the borrowing employer unless there are specific contractual provisions or legal protections in place that allow them to do so.

The borrowing employer generally does not have the authority to terminate a loaned servant. The original employer retains the right to hire, fire, and discipline the employee.

In most cases, a loaned servant is not entitled to receive benefits from the borrowing employer. They typically continue to receive benefits from their original employer.

A loaned servant cannot enter into a separate employment contract with the borrowing employer. Their employment relationship remains with their original employer.

No, a loaned servant cannot be considered an independent contractor. They are still an employee of their original employer, even while working for the borrowing employer.