California Truck Employer Negligence Attorney
Workplace injuries occur on a daily basis – in factories and offices, on construction sites and movie sets. In many of these cases, the injuries are purely accidental and the employees who were harmed are eligible to request worker’s compensation. With help from Panish Shea & Boyle LLP, our team of specialized California truck employer negligence attorneys, make sure you have the opportunity to recover the compensation you deserve.
In some cases, these circumstances are caused by employer negligence and the injured parties have rights to sue for awards outside standard worker’s compensation laws. To successfully do so, the individuals who have been hurt must provide the court with substantial evidence of the negligence. A duty to ensure workplace safety must be identified, a breach of that duty must be shown, and proof the injury was caused by the breach must be provided.
There are four factors that can contribute to employer negligence:
Employers are legally required to exercise care during the hiring process. Candidates must be screened thoroughly. If an employee is harmed by a co-worker who should not have been hired due to the potential for safety risks, grounds for a legal suit may be present. Injuries may result from physical and sexual assault, for example. If an employer hires someone with the knowledge that he or she has a documented criminal history of violence, and who then terrorizes the victim, negligent hiring has taken place. Similar situations in which no background checks were conducted at all may also be heard in court.
If a job candidate is thoroughly investigated prior to hire, but then displays actions that indicate he or she is unfit for the position, the employer is obligated to take corrective action. This may include retraining the employee, reassigning the employee to different duties, or terminating the employee completely. If the employer fails to do so, and a subsequent injury occurs at the fault of the problematic behavior of the individual, the employer is liable. Many legal cases based on claims of negligent retention arise from duties performed by someone outside the scope of his or her job description.
All employees have the right to be fully trained and deemed capable of fulfilling their job duties. Injuries – whether physical or psychological – that result from inadequate training may be legally eligible for compensation based on employer negligence. An example of negligent training may involve an employee who fails to properly shut down machinery in the workplace when instruction regarding how to do so was not provided. When a co-worker is cut or burned while attempting to restart it, the employer in question may be ordered to pay for subsequent medical bills and loss of earnings.
Poor supervision occurs when company owners or managers fail to reasonably monitor operations within the business. For instance, if an employee consistently makes the same (dangerous) mistakes while the working supervisor is in an office taking personal telephone calls, the supervisor is acting negligently. If the supervisor were present and able to intervene, injury caused by these circumstances may have been prevented. This category often overlaps with negligent training.
Speak With a Truck Employer Negligence Lawyer in California Today
Because personal injury cases involving employer negligence are complex, it is advisable to work closely with an experienced and qualified California truck employer negligence lawyer. A representative from Panish Shea & Boyle LLP is available to assess the potential for an employer negligence case. Call 877.800.1700 today.