A workplace accident can happen in a range of different industries. It may be a restaurant worker sustaining a severe burn from a commercial-grade dishwasher or stove. It may be a construction worker being struck or crushed by falling materials. Or it may be an electrician being injured by equipment failure or improper security measures. Even accidents that appear to be clear-cut cases of the employee’s own carelessness should be evaluated with respect to liability by experienced attorneys and qualified experts.
For the most part, an employee who is injured on the job while covered by workers’ compensation may not bring legal action against his or her employer. Further, an employee who is covered by worker’s compensation, and is injured on the job as a result of a co-worker’s negligence, will in most cases receive worker’s compensation benefits, but is prohibited from bringing legal action against the co-worker.
There are, however, some exceptions to this rule in extreme circumstances. The exceptions typically pertain to the source and cause of the injury, and the party responsible for the functioning of that source process or material. For example, in the dishwasher example the employee may be compensated for injuries and losses by the worker’s compensation policy in part. But he or she may also be in a position to bring legal action against the manufacturer of the dishwasher if a qualified investigator discovers that the machine is defective, and that the defect contributed to the injury. Similarly, if a delivery truck driver is injured on the job, and only compensated partially by his/her employer’s worker’s compensation policy, the driver may bring legal action against another party involved in the incident if that party is found to have acted negligently. For example, if the driver has left his/her delivery vehicle to deposit a package on foot, and is struck by another motor vehicle, whose driver is impaired by drugs or alcohol, a legitimate legal case may be brought against the impaired driver beyond the delivery driver’s worker’s compensation coverage.
A special message to the friends and potential new clients of FVF Law:
FVF’s client contract has, for a long time, contained the following termination clause: “FVF Law is a values-driven law firm, and because diversity is a value we support, “good cause” [for termination] shall include any expression by the client of intolerance with respect to race, ethnicity, gender, religion, or sexual orientation.”
Now more than ever, FVF recognizes the global need to combat racism proactively, and to do so with more than just words. This firm was built on the mission of being better. Better lawyers. Better advocates. Better people.
We all know being better requires an ongoing commitment to learning, growth, introspection, and change. We enthusiastically embrace that commitment and hereby pledge to do more than just talk about it. Stay tuned on our blog and facebook page for more about what FVF is doing to back this important global effort.
In the meantime, we would respectfully request new clients who find their own views incompatible with this pledge to consider contacting another firm to handle their case. In any case, we invite you to provide honest feedback by emailing firstname.lastname@example.org.
Josh and Aaron, and all of FVF Law