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Can an Employer Sue on Behalf of an Employee Who Sustains an Injury?

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craigfin3rd

Junior Member
What is the name of your state (only U.S. law)? Texas, Company is incorporated in Delaware.

My question here is, can an employer sue on behalf of an employee?
 


Zigner

Senior Member, Non-Attorney
Since this is posted in the WC forum, let me give one possibility: Our company had an employee who was involved in an accident (not his fault.) Our work comp covered the employee's injuries and then sued the at-fault driver to recover those amounts. They weren't actually suing "on behalf of the employee", but I could understand how it may appear that way to the outsider.
 

quincy

Senior Member
An example of an employer who could sue on behalf of an employee would be the owner of a family business whose minor child works as an employee for the business. If the minor child is injured, the employer/father could sue on the child/employee's behalf.

And there are other examples.

The question as asked by craigfin3rd, however, needs far more details to know if the employer in his case can sue on behalf of the employee.
 

LdiJ

Senior Member
Since this is posted in the WC forum, let me give one possibility: Our company had an employee who was involved in an accident (not his fault.) Our work comp covered the employee's injuries and then sued the at-fault driver to recover those amounts. They weren't actually suing "on behalf of the employee", but I could understand how it may appear that way to the outsider.
I agree that is one clear cut example.
 

quincy

Senior Member
I agree that is one clear cut example.
Except it is not a clear cut example of an employer suing on behalf of an employee. As Zigner noted, with his example it could just appear to some that the employer was suing on behalf of the employee even though the employer wasn't.
 
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LdiJ

Senior Member
Except it is not a clear cut example of an employer suing on behalf of an employee. As Zigner noted, with his example it could just appear to some that the employer was suing on behalf of the employee even though the employer wasn't.
Of course. I was wholely agreeing with Zig.
 

quincy

Senior Member
Of course. I was wholely agreeing with Zig.
I understand that. And I agree with Zigner, too, that his example could look to an outsider as if an employer was suing on behalf of an employee.

But it is NOT a clear cut example of an employer actually suing on behalf of an employee because in Zigner's example the employer was not actually suing on behalf of an employee.

Obviously, craigfin really needs to return with more information.
 

craigfin3rd

Junior Member
Okay more details, job was to install something, the installation was in proper, the employer is suing on behalf of injuries sustained by the employee.

State is Texas. Also if possible can you cite the laws behind your reasoning.
 

Just Blue

Senior Member
Okay more details, job was to install something, the installation was in proper, the employer is suing on behalf of injuries sustained by the employee.

State is Texas. Also if possible can you cite the laws behind your reasoning.
Is this a real situation? If so...Who are you in the situation?

Also the "details" you provided are not enough and rather confusing. Did you meant to write that the install was improperly done?
 

justalayman

Senior Member
Is this a real situation? If so...Who are you in the situation?

Also the "details" you provided are not enough and rather confusing. Did you meant to write that the install was improperly done?
I would take the op at their word, even though they are grammatically incorrect ; in proper. (Obviously should be in properly or even more proper: performed or installed properly (depending on whether one is referring to the work itself or the item itself).

the op sounds a lot like a student looking for somebody to do his homework in addition to failing to give any truly descriptive information. If op had taken the time to read the posts in the thread he should have realized, at least, a few implied questions or facts that were inportant to his original question. Given he either failed to undertand
That or he simply doesn't care to provide enough information, I suggest he be given the same treatment

The answer to the op's question; yes or no, depending on the facts of the situation at hand. That is based on the laws of both Delaware and Texas.
 

quincy

Senior Member
Okay more details, job was to install something, the installation was in proper, the employer is suing on behalf of injuries sustained by the employee.
If the employer is the parent of the employee, and the employee is a minor child, the employer/parent can sue on behalf of the employee/child.

State is Texas. Also if possible can you cite the laws behind your reasoning.
Here is a link to support my reasoning - Texas Family Code Ann. section 151.001(7)): http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.151.htm

If you could provide details, and tell us who you are in this scenario, that would help.
 

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