153 Market St., Lexington, KY 40507 This is an advertisement phone: (859) 253-9999
Todd & Todd A Professional Limited Liability Company

Personal Injury Newsletter

Work-Related Injuries and Employer Liability

Workplace injuries are usually followed by a Workers’ Compensation claim filed on behalf of the injured employee. However, in certain situations a lawsuit against the employer may be more appropriate and more rewarding for the injured worker.

The typical Workers’ Compensation scenario involves an employee suffering an injury while at work. The injured worker then makes a Workers’ Compensation claim, and depending on the state in which he resides, will receive the appropriate compensation to which he is entitled. Any lawsuit or civil action against the employer is prohibited, as the employer is protected under Workers’ Compensation statutes.

Can an Employee Sue the Employer Outside of Workers’ Compensation?

If an injured employee can substantiate his claim, he will be allowed to sue his employer directly, outside of Workers’ Compensation. Injured employees can bring a claim against their employers directly under the legal theory of intentional tort. An intentional tort in this circumstance is when the employer causes the employee to engage in an activity from which “harm is substantially certain to follow.”

If the employee can prove that his employer caused him to participate in an activity from which harm is substantially certain to follow, court action can be brought. Such suits are encouraged to promote workplace safety, and to deter employers from intentionally jeopardizing the wellbeing of their employees. Proving the employer intentionally caused an injury is often a difficult task.

Activities from Which “Harm is Substantially Certain to Follow?”

Examples of this type of circumstance include:

  • An employer instructing an employee to do a job in the same manner and method that has previously caused injury
  • An employer instructing an employee to enter an area that is noxious or poisonous without informing the employee or providing the proper safety measures for that environment
  • An employer instructing an employee to operate machinery on which safety devices or safeguards had been removed

Again, proving such conduct on the part of an employer is a difficult task. Employees should also be aware that laws governing the situations in which a court action can be brought outside of Workers’ Compensation varies from state to state.

  • Experts are Important to Proving Many Civil Cases
    Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education.... Read more.
  • Proving Liability for a Slip and Fall Injury
    There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The... Read more.
  • An Overview of Spectator Injuries
    The liability of property owners for injuries that occur to persons on their property is largely a creation of state law and court decisions. For this reason, the nature of a property owner’s duties to individuals on the... Read more.
  • Loss of Consortium Damages When a Child is Severely Injured
    Although “loss of consortium” damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them to parent-child relationships. Referred to as “filial consortium... Read more.
Personal Injury News Links
Share This Page:

Contact Information

Todd & Todd A Professional Limited Liability Company (859) 253-9999 153 Market Street, Lexington, KY 40507

COMMUNITIES WE SERVE

Todd & Todd, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Winchester, Ford, Paris, Stamping Ground, Richmond, Cynthiana, Sadieville, Frankfort, Burgin, Clark County, Fayette County, Franklin County, Harrison County, Jessamine County, Mercer County, Scott County and Woodford County.

Designed and Powered by NextClient

© 2014 - 2021 Todd & Todd, PLLC. All rights reserved.
Custom WebExpress™ attorney website design by NextClient.com.

Contact Form Tab