What Situations Can Workplace Negligence Cases Be Filed?
Workplace negligence cases are usually not an option in most instances, as state compensation programs eliminate the possibility of filing a claim. However, in some special circumstances, a hurt employee may be able to file a claim against their employer. If circumstances do permit a claim, then a legal professional can be a major help. When taking on an employer, a victim may have to fight an entire legal team and defend their rights aggressively. This is much easier with a legal expert on your side.
There are only a few situations in which workplace negligence cases can be filed against an employer. If an employee is hurt by a defective product while on the job, they can file a claim against the product’s manufacturer or designer. If the injury is caused by a hazardous substance, its manufacturer may shoulder the liability.
If, however, the employer’s intentional or gross misconduct was responsible for the accident, they may have to pay out a settlement even if they are part of a state compensation program. Gross recklessness is usually present if the employer forces their employee into a dangerous situation knowingly. Finally, if a company has opted out of a state compensation program, which is currently only an option in Texas, then a victim can bring a claim against the company. However, this means that a victim will have to prove their claim in court, something that is best left to an experienced legal professional. With an attorney on your side, it will be much easier to pursue a higher settlement and expedite the claim.