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Workers’ compensation laws vary from state to state. They often spell out situations where an injured employee is ineligible for benefits (including if they violated a well-known safety rule) and when workers’ compensation won’t shield an employer from a worker’s personal injury lawsuit. Let our Orange County, CA business litigation lawyer guide you through the legal process with confidence.
Generally, when these systems were established, the legislative bargain was that workers would receive a no-fault injury compensation system (with exceptions). Still, benefits are limited (workers can’t recover money for pain and suffering). Employers would not face personal injury lawsuits (with exceptions) and would pay for medical care, rehabilitation, and partial income replacement.
That’s the big picture, but employers must know the fine print in workers’ compensation laws.
When Can An Injured Employee Bypass Workers Compensation And Sue My Business?
- Employee not covered by your insurance
If you misclassify an employee as a non-employee and don’t cover them through your workers’ compensation insurance, and they’re injured on the job, you can be subject to a personal injury claim.
Some employers blatantly do this to save money, while in other cases, it may be a close call whether someone is an employee or not. Your state may also make it a crime not to provide workers’ compensation coverage to an employee.
- Intentional harm
Another situation is when a coworker or member of management intentionally harms the employee. Depending on the state, the employee may or may not be allowed to take legal action. Most states allow this through statute or their constitution. If a coworker is the attacker, the employee may be allowed to sue them or bring a legal action against the employer.
- Gross negligence
If your gross negligence leads to an employee’s injury, that may be a basis for a personal injury lawsuit. What constitutes gross negligence varies from state to state.
Generally, negligence is failing in your duty of care to another person, in this case, your employee. This duty of care is your responsibility to keep the employee safe. In addition to these elements, for gross negligence, the employee would need to show that your negligence was knowing or intentional and that you knew your actions (or failures to act) were likely to lead to the employee’s injuries.
How You Can Avoid These Problems
Misclassifying employees opens up numerous legal cans of worms, including workers’ compensation. You should never intentionally misclassify an employee as something else. If it’s a close call, you should consider them an employee, though that may increase your costs.
Never intentionally harm an employee. You could be sued for the injury, and you might also be convicted of a crime. Tempers run hot at many workplaces, but that should never result in violence. You are free to defend yourself against an employee’s attack. In these situations, determining who the instigator is depends on what witnesses see and hear, and evidence concerning your prior relationship will be key.
There may be a fine line between negligence and gross negligence, depending on the circumstances. It can be considered running a dangerous business and not caring about anyone getting hurt. If that’s you, if someone is injured at work, you deserve to be sued. Legal peace of mind is just a call away—contact Focus Law LA today to discuss your case.
