Work place liability

[mhgams]

What is the name of your state (only U.S. law)? NY

As an employee of a company, if a co-worker is injured on the job, can I be sued by the injured party if they can prove that I contributed to or failed to take steps that might have prevented the accident?

 

[pattytx]

Anybody can sue anybody for anything, if they can find an attorney to take the case. That doesn't mean they'll prevail.

Generally speaking, Worker's Compensation is the sole remedy for on-the-job injuries, unless there is gross negligence involved. The problem with this term is that "gross negligence" is not strictly defined.

For example, a faulty machine that should have been locked out/tagged out, and is not, and causes an injury may be gross negligence. A slip-and-fall on just-mopped bathroom floor, with a "wet floor" sign, would generally not be.

It all depends on the details in any particular situation.

 

[BOR]

What is the name of your state (only U.S. law)? NY

As an employee of a company, if a co-worker is injured on the job, can I be sued by the injured party if they can prove that I contributed to or failed to take steps that might have prevented the accident?

Not familiar with NY law, but my Law dictionary states MOST jurisdictions have done away with the Fellow Servant doctrine/rule.

 

[You Are Guilty]

Answer: it depends. Got facts?



PS: It's called "grave injury" in NY, not gross negligence (WCL §11).

 

[pattytx]

Answer: it depends. Got facts?



PS: It's called "grave injury" in NY, not gross negligence (WCL §11).

OK, but "negligence" is different from an "injury".