Legal Definitions - borrowed employee

A borrowed employee is an employee who is temporarily lent to another employer with the employee's consent. The borrowing employer assumes control over the employee's work during this period. The borrowed employee is still an employee of their original employer, but they work for the borrowing employer for a specific period.

For example, if a construction company lends one of its employees to another construction company for a specific project, the employee becomes a borrowed employee of the borrowing construction company. The borrowing construction company assumes control over the employee's work during the project, and they are responsible for the employee's actions during this period.

Under the doctrine of respondeat superior, the borrowing employer is vicariously liable for the employee's acts. This means that if the borrowed employee causes harm or injury to someone during the project, the borrowing employer is responsible for compensating the victim.

However, the borrowing employer may also be entitled to assert immunity under workers' compensation laws. This means that if the borrowed employee is injured during the project, the borrowing employer's workers' compensation insurance will cover the employee's medical expenses and lost wages.