The Tenets of Workplace Negligence Claims

Employer negligence, especially in the workplace, is one of the leading causes of personal injury and worker’s compensation claims each year. An employer may be held liable when they are proven to be negligent in supplying the employee the ability to undertake a particular act. Employer negligence has four basic causes of action, namely negligence in hiring, supervision, training, and retention. According to the Scudder & Hendrick, PLLC, negligence claims should present three basic points: (1) there is duty of care from the defendant, (2) this duty of care was breached, and (3) the breach of duty of care caused the injuries of the claimant. In order for the claim to be valid, the injuries should have been deemed “reasonably foreseeable”.

Although it is not legally required for employees to report their negligent co-workers, company policy may still require it. Likewise, it may be necessary and ethical to report the incident and the reckless behavior of the co-worker when it puts other employees at risk. It is essentially every workers responsibility to report anything that can pose as a danger to everyone in the workplace. For many Minnesota workers’ compensation lawyers, such actions do not affect the amount of benefits that will be awarded should the claim be approved.

By law, every worker injured in the workplace or during working hours is entitled for worker’s compensation. This is regardless of whether who caused the accident or injury. However, an employer can be held accountable for the actions of an employee when they were aware of the employee’s negligent behavior and did not take any action to address the problem, which endangered the health and safety of other employees. The website of Scudder & Hendrick, PLLC further states that third-party claim requires proof of the gross negligence of the employer and the serious injuries that resulted from the incident.

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