Protecting You During Trying Times

Can I Sue My Employer for Negligence?

On Behalf of | Mar 1, 2019 | Work Place Accident Report

Around 58% of people say they trust strangers more than their own boss. You’re probably wondering, “Can I sue my employer for negligence?”

The answer is a resounding “yes.”

At least 53% of Americans are unhappy with their job. Having a negligent boss takes that dissatisfaction to the next level.

Justice is calling you. Here’s how you can sue an employer for negligence.

Basics: Can I Sue My Employer for Negligence?

You can sue for employer negligence if you can prove these 3 things:

  1. 1. You must prove there was a duty someone was supposed to perform.
  2.  You’ll also have to prove there was a breach of that duty.
  3. There must also be a cognizable injury that was caused as a result of that breach.

Not all negligence looks the same. There are 4 main forms of negligence:

Negligent Hiring

Employers are legally responsible for screening prospective employees. Employers have a duty of “reasonable care” to avoid exposing employees to dangerous individuals.

If an employee commits a crime like sexual assault, theft, injury, murder, or vandalism, you can prove the employer was negligent if they did not use appropriate screening methods when hiring the employee.

Failing to conduct a background check on a dangerous person is considered negligent hiring.

Negligent Retention

Another form of workplace negligence is called “negligent retention.” That’s when an employer fails to take an appropriate “corrective action” in response to a problematic employee. The employer is responsible for any personal injuries that happen as a result.

Some employees “slip under the radar” when they’re hired but then display behavior that is unsafe for the job. If an employer was careless in taking corrective action against the employee after learning the employee was unfit, you have a case.

Taking “corrective action” includes retraining, reassigning, and/or discharging the employee.

An employer is liable for an unfit employee’s actions, especially if they were made aware of how unfit the employee is.

Negligent Training

After hiring an employee, it’s an employer’s responsibility to make sure the employee is trained on all equipment they will be using on the job.

If an employer fails to use reasonable care when training an employee, the employer is responsible for any harmful actions committed by that employee. That includes actions against the general public.

For example, an employer at a fast food restaurant is liable if they fail to train an employee to properly use a fry machine. The employer is responsible for any injuries or burns that occur as a result of this lack of training.

Actually, negligent training is often the result of another type of negligence…

Negligent Supervision

Negligent supervision is negligent training’s sibling. An employer is guilty of negligent supervision when they fail to control or monitor their employees’ actions.

For instance, if an employer ignores reports or threats of sexual harassment committed by an employee against another employee, the employer is liable for negligent supervision.

It’s Time to Take a Stand

Around 25% of workers view their jobs as the number 1 source of stress in their lives. Many people are still wondering, “Can I sue my employer for negligence?”

There’s a good chance you have a case. Don’t deal with more stress. You deserve better than that.

Start getting real answers and contact a law firm now. The results might surprise you.