Legal Definitions - borrowed servant

A borrowed servant refers to an employee who is temporarily assigned by their original employer (the "general employer") to work under the direct supervision and control of another employer (the "special employer") for a specific task or period. While the general employer typically continues to pay the employee's wages and benefits, the special employer assumes responsibility for directing the employee's day-to-day work, including how and when tasks are performed. This temporary transfer of control is crucial in determining who might be legally responsible for the employee's actions or negligence during the assignment.

• Scenario: A construction company, "BuildRight Inc.," leases a specialized excavator and its operator from a heavy equipment rental company, "DigDeep Rentals." While on BuildRight Inc.'s construction site, the BuildRight Inc. foreman directs the excavator operator on exactly where to dig, how deep, and when to move materials, even though DigDeep Rentals pays the operator's salary.

  Explanation: In this situation, the excavator operator is the borrowed servant. DigDeep Rentals is the general employer, but BuildRight Inc. is the special employer because its foreman has direct control over the operator's work methods and specific tasks on the job site. If the operator makes a mistake due to following the foreman's instructions, BuildRight Inc. might be held responsible.

• Scenario: A hospital, "City General," experiences a surge in patients and contracts with a nursing agency, "CareStaff Solutions," for a temporary registered nurse. While working at City General, the temporary nurse follows the hospital's protocols, takes orders from the hospital's charge nurse and doctors, and uses the hospital's equipment to care for patients.

  Explanation: Here, the temporary nurse is a borrowed servant. CareStaff Solutions is the general employer, but City General is the special employer because it dictates the nurse's duties, schedule, and the manner in which patient care is provided. The hospital exercises direct control over the nurse's professional actions during their shift.

• Scenario: A large corporation, "GlobalTech," hires a professional moving company, "SmoothMoves," to relocate its offices. SmoothMoves provides its own employees and trucks. However, on moving day, GlobalTech's office manager directs the SmoothMoves crew on the precise placement of furniture in the new office, which boxes go to which department, and specific handling instructions for delicate equipment.

  Explanation: The moving company's employees become borrowed servants. SmoothMoves is their general employer, but GlobalTech acts as the special employer because its office manager is directly supervising and controlling the specific actions and placement decisions of the movers at the new location, beyond just the general task of moving items.