How can my company avoid being sued for workplace injuries in court (for damages exceeding workers compensation benefits)?
The bottom line for all employers seeking to avoid such claims, especially when employees are going to be exposed to extremely unpleasant or potentially dangerous or shocking circumstances, is to use “reasonable care” in making and supervising all such job assignments. Plan such work carefully to protect your employees from any physical danger or psychologically shocking circumstances which you can possibly anticipate in the course of their duties. The more “careless” or “reckless” your actions appear to be in assigning or supervising such work, the more likely it is that a court in any state will allow an employee to sue for damages in court, rather than be limited to workers’ compensation.
Related Questions
- How can my company avoid being sued for workplace injuries in court (for damages exceeding workers compensation benefits)?
- Can an employer ever be sued yet still have to provide workers compensation benefits for the same injury or illness?
- Once my workers compensation benefits are started, can the insurance company stop them for any reason?
