For most of us, the idea of being injured on the job is not just problematic- it’s categorically scary. We were raised with a strong work ethic that does not allow many days off.
But when injured, all this goes away. Then comes a new fear of whether we can pay our medical bills and fend for our families.
Fortunately, it doesn’t always have to be this way. If injured on the job due to your employer’s negligence, you have a right to seek compensation for your damages, including medical bills and lost wages.
Call our Legal Giant workplace compensation partner lawyers for more information about workplace accidents caused by employer negligence and your rights.
What Exactly Constitutes Employer Negligence?
Workplace negligence is a legal jargon commonly used in workers’ comp cases. Negligence generally refers to a person or entity’s failure to act reasonably, given the situation.
So then, what is employer negligence?
Employer negligence describes an action and omission by an employer that leads to property damage, illness, injury, or wrongful death.
Employees are thus entitled to compensation if injured in a workplace accident resulting from their employer’s negligence. Here are some examples of employer negligence.
a) Negligent hiring
An employer must keep their employees safe. That includes ensuring the people they hire to qualify for the job and the new hires are safe around the workplace.
For example, an employer would be considered negligent if they failed to conduct a background check on a new hire only to realize later that this employee was fired from their previous job for assaulting a co-worker.
The employer can be liable for negligent hiring if this new employee assaults another co-worker.
b) Negligent training and supervision
Once an employee is hired, it is the employer’s responsibility to make sure they undergo thorough training for the job.
If you are hired, for example, to work on a construction site, your employer should train you on how to use the equipment properly.
If you don’t undergo training, you could injure a co-worker, and they can hold the employer negligent for their injuries.
c) Negligent retention
A worker can be appropriately hired, trained, and supervised but still exhibits worrisome, violent, or careless behavior in the workplace.
If this happens, the employer is responsible for protecting their other employees by terminating unruly ones.
If a worker with a history of physically harassing co-workers is not terminated, then the employer would be liable for negligent retention.
d) Failure to maintain or repair tools and equipment
Generally, a workplace injury resulting from defective equipment used on the job attracts a third-party claim on the manufacturer.
However, the employer must provide workers with appropriate and properly maintained tools and equipment to perform their job safely.
If your employer knew of a hazard involving the defective equipment and ignored it, you’d have a negligence claim.
e) Refusal to eliminate the imminent danger
When a hazard is identified in the workplace, the employer must eliminate it. Refusal to voluntarily stop the danger or isolate affected workers from exposure to a dangerous area or condition is an act of negligence.
Can I Sue My Employer for Negligence?
Employees have a right to a safe work environment. To ensure this, the Occupational Safety and Health Administration (OSHA) holds employers responsible for enforcing basic safety rules to protect employees.
Unfortunately, not all companies adhere to these rules. Suppose you work in a company that does not adhere to OSHA standards and suffer an injury at the workplace. You could ask: “Can I sue my employer for negligence?”
Under the workers’ comp system, the answer is no. It is impossible to sue your employer for negligence unless the employer intentionally caused you harm.
Many U.S states have implemented this system to compensate employees injured exclusively in the workplace. The law defines workers’ compensation as an ‘exclusive remedy.’
That is to say; this is the only reward a person can claim when they suffer work-related injuries.
By recovering reimbursement through workers’ comp, employees lose their right to prosecute their employers for other reparations.
The reasoning behind this is that company owners save time and costs of lawsuits if employees recover compensation for their injuries efficiently.
All they have to do is pay insurance to cover all injury-related expenses of workers injured in the line of duty.
Remember, workers’ compensation is no fault. Whether you get hurt due to your negligence or your employer’s negligence, proof of fault is not required to enjoy the benefits.
When Can I Sue for Negligence?
The premise behind workers’ comp is to avoid litigation altogether. However, there are exceptional circumstances where workers can sue their employer for negligence. These cases include:
1. Your Employer Does Not Have Workers’ Comp Insurance
Employers have a legal obligation to carry workers’ compensation insurance to cover their employees in the case of accidents or injuries.
But just because it is law does not mean all businesses comply.
Some states even have an opt-out option where companies are not obligated to carry workers comp. If you suffer injuries when working for such a company, consider getting the best workers comp lawyers to help you sue for damages.
In such cases, the employer is not protected by workers’ comp lawsuit protection, so they have no choice but to cooperate when sued.
2. You Are Not Technically a Company Employee
Based on the terms of an employment contract, some categories of professionals are not considered ’employees’ of the company per se.
For example, most companies don’t consider independent contractors, real estate brokers, and commission-only salespersons employees and are thus excluded from the workers’ comp cover.
Suppose you are one of these and suffer injuries when performing your professional duties. In that case, a work injury lawyer can help you establish whether or not your employer is answerable.
3. Your Employer Intentionally Hurt You
Workers’ comp applies to work injuries resulting from accidents or ordinary negligence. When an employer intentionally causes harm through tortuous acts, the employee can file an intentional tort claim against them.
Tort claims can be based on physical or emotional harm, such as intentional infliction of bodily harm. Most states allow lawsuits based on the deliberate injury of a worker.
But some states don’t let this type of lawsuit, so it’s wise to understand your state laws before pursuing the case.
4. Your Employer Acted Recklessly
Several states allow employees to sue employers whose grossly negligent conduct caused them injury. States that acknowledge this type of claim draws a parallel to intentional misconduct.
The grounds for such lawsuits include when an employer fails to provide proper protective equipment (PPE), has poor safety controls, or imposes dangerous working conditions.
What If the Employer Fails to Protect Against COVID?
According to the Centers for Disease Control and Prevention (CDC), COVID-19 infected millions and led to the loss of more than 600,000 American lives. While some employees had the choice of working remotely, essential workers continued with their in-person locations.
If you contracted COVID-19 while working because your employer did not take reasonable measures to keep you safe, you could wonder, “can I sue my employer for COVID negligence?”
The answer is yes. You can have grounds for suing an employer for getting infected with COVID-19 on the job or for losing a loved one. However, you must prove that the employer negligently or expressively refused to shield you from exposure.
COVID-19 litigation lies on the legal premise that a party violated the acceptable duty of care and that this violation caused the victim to contract the virus.
If you have no proof of a breach of duty of care, it would not be possible to recover benefits through the workers’ comp system or sue your employer.
Some examples of employer negligence in response to the COVID-19 pandemic are:
- Violation of the safety rules set by the CDC
- Failure to disinfect the work premises
- Failure to provide PPE such as face masks and gloves
- Failure to enforce other reasonable measures such as reorganizing the workplace to ensure social distancing.
Work With a Negligence Attorney from Legal Giant!
You could be suffering from an injury because of an accident resulting from your employer’s negligence.
Whether it was an intentional act to harm you or a conscious decision by the employer not to protect workers from harm, you could be entitled to compensation for your damages through a workers’ comp claim or a civil lawsuit.
If you need assistance determining whether your employer is liable for negligence or have a workers’ compensation claim, our partner attorneys at Legal Giant can help you.
Our partner lawyers are dedicated to providing clients with expert legal advice and helping them seek justice. Contact us for a free non-obligation review of your case today.
