Is Your Employer Liable for an Injury Caused by their Employee?
- Feb 18 2019
Each year, many employees are injured on the job, and each year we receive many questions from employees wondering if they “really” deserve compensation for their injury. After all, it’s part of the job, right? Wrong. Whether your job involves heavy construction or pushing paper is irrelevant to whether or not you deserve compensation for an injury caused by your work. Suffering physical harm is never in anyone’s job responsibilities, and if you’ve been injured because of your job you deserve to know what your options are.
Our skilled personal injury attorneys hear this excuse from employers all the time: “But I didn’t cause the injury. It was one of my employees! I wasn’t even there when it happened!” At first glance, you may think this sounds logical, but under the legal theory known as “respondeat superior” employers can be held liable for their employees’ acts.
Of course, there are some common sense limitations on this rule and employers are not responsible for all of their employees’ acts. The general rule to remember is that for an employer to be held liable for an employee act that harmed you, the employee who injured you must have been acting within the course and scope of their employment.
If an employee causes an accident or injury while doing his or her job, acting on the employer’s behalf, or carrying out company business, then our skilled personal injury attorneys are usually able to build a strong case that they should be held liable. Employee carelessness and misconduct is absolutely a cost of business, and employers need to make careful hiring decisions and ensure that all of their employees are scrupulously following procedures
The flip side of this is that if an employee is carrying out personal business or otherwise not acting within the capacity of their employment when you were injured, the employer might not be able to be held liable. For example, if you are riding back from a work meeting with Bob from accounting, and Bob makes a personal detour to go run an errand, and due to his negligent driving you end up in an accident, that is likely outside the scope of Bob’s employment.
Because Bob was not acting at his employer’s direction, if follows that he should be held personally liable for his actions, rather than the employer. But if the accident or injury in any way stemmed in any way from directives or actions of the employer, the employer will likely be held liable. For example: if Bob runs an errand at the direction of your boss, our personal injury attorneys can help build the case that this was within the scope of his professional duties.
At J&Y Law, we have successfully represented many clients who were injured by another employee at work. Determining whether or not your employer may also be held liable for your injury can be difficult, but it is an important task. Our skilled personal injury attorneys can make the difference in terms of whether you will spend the rest of your life paying bills or whether you’ll get compensation that gives you a fresh start. Contact J&Y Law today. Our attorneys are ready to help you get the compensation you deserve.
Posted in: Personal Injury