Workplace accidents often involve criminal liability. Ordinarily, you can’t sue co-workers for damages. However, you can file workers’ compensation claims to recover medical expenses, medical bills, and a weekly cash benefit for replacing most of your lost income. In addition, according to experts, you can often recover restitution funds as compensation for criminal action.
But things are not simple. The first thing you should think about is getting legal assistance from a law firm in your state. Since workers’ compensation insurance is a state-mandated program, you need attorneys who know the rules applying to your case. Moreover, states treat accidents and injuries differently.
Considering the legal implications of a workplace injury
These complexities in law and workers’ comp benefits give you lots of things to consider. Suppose you have suffered a workplace injury in Georgia, for example. In that case, it is best to discuss the intricate nature of laws and regulations with a workers’ compensation lawyer based in Atlanta. They will tell you more about how criminal liability might affect your case. Usually, any criminal liability results in more options for you to receive compensation.
Complications of criminal liability in workers’ comp claims
According to workplace injury insurance specialists, criminal actions resulting in injuries often occur in workplace environments. These acts can cause serious injuries and even death. In addition, the accidents can result in OSHA inspections and possible fines for employers for failing to provide a safe workspace. OSHA can also file criminal charges when warranted.
A recent case in Maine resulted in a contractor being charged with workplace manslaughter. The accident involved a three-story fall, and criminal contractor negligence resulted. Employers bear ultimate responsibility for the safety and security of their workers.
Possible exceptions to workers’ comp rules
Generally, workers’ comp provides some benefits to injured employees, but those are insufficient in many cases. If you are injured as a result of a criminal act, you might get expanded compensation options. Proven criminal negligence rebounds on employers. You can’t sue the co-worker, but you can file a lawsuit against the employer.
Other exceptions include toxic chemical exposure or unsafe equipment. If one of these causes injuries, you can sue the manufacturer. That allows you to recover money for all your injuries and non-financial compensation. Such compensation is available for emotional stress, pain and suffering, loss of companionship, and other accident consequences. You can also receive compensation as punitive damages for cases of gross or willful negligence.
Suppose your employer knowingly used dangerous equipment or toxic chemicals without warnings or safety measures. In that case, you might be able to sue the employer as well based on criminal negligence.
Emergency response liability
Concerns about the liabilities of emergency responders, government employees, and healthcare providers are also relevant. For example, healthcare providers can be charged with medical malpractice. However, workers, businesses, and volunteer organizations rely on workers’ comp to protect them from personal liability.
It’s interesting to note that the liability of emergency responders and medical personnel creates another situation separate from the original injury. However, in these cases, victims have full rights to file for damages. They become third-party participants, and victims can sue third parties who cause or contribute to injuries by unintentional accidents or criminal liability.
There are federal and state regulations that protect volunteers involved in emergency rescue situations. These laws indemnify the volunteers and prevent them from being sued. However, criminal acts can result in exceptions being made.
Vicarious liability
Vicarious liability occurs when a person or organization assumes liability for others. Essentially, worker’s comp insurance requires employers to assume vicarious liability for employee behavior.
The major difference between vicarious liability and other types of liability is that there is no proof of intent. Here is what you need to know:
- Vicarious liability holds another person or business entity responsible irrespective of their participation in the act or injury.
- Indirect liability occurs regardless of an employer’s intention.
- Vicarious liability can involve other situations in personal injury claims.
Examples include a supervisor being held responsible for the conduct of a subordinate or car owners who bear legal responsibility for the misconduct of someone who borrowed their car.
Bottom line
Criminal liability in workplace accidents can become an unsolvable puzzle if you don’t benefit from an experienced lawyer’s knowledge and skills. Make sure you get the best medical treatments for your injuries. As for winning your claim or a trial, find a reputable law firm in your state that can untangle the legal complications in your favor.
Story by Irma C. Dengler. With a BA in communications and paralegal experience, Dengler decided to combine her skills. In the past, when she was involved in proceedings of her own, she witnessed firsthand the weight of legal language. A convoluted terminology can easily disarm the average American. Therefore, she set off to empower her readers by making the law more accessible to them. Although she has covered all areas of civil and criminal law, insurance-related issues, and her area of specialty are personal injury cases.
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