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Borrowed Servant Rule

Borrowed Servant Rule

Definition

A common law legal doctrine stipulating that if an employer (usually referred to in this rule as the special employer) borrows a worker from another employer (usually referred to in this rule as the general employer), the special employer can be held liable for the borrowed employee's actions, despite the fact that a permanent employee-employer relationship does not exist. The borrowed servant rule applies when an express or implied contract of hire exists between the special employer and the injured worker, the worker is engaged primarily in work for the special employer, and the special employer controls the details of the work.

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Classification Cross Reference
Blueprint for Workers Comp
IRMI Workers Comp

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