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employee negligence

I have an employee that...

I have an employee that cut himself which required him to miss for more than 8 months. I paid half wages while he was gone and he had insurance which paid for his medical bills. He is back and cut himself on a different machine. We have a witness that claims it was done intentionally, what do I need to do? Can I fire the employee?

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Answered in 11 minutes by:
7/31/2013
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Do you not have workers compensation insurance?
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Customer reply replied 4 years ago

no we dont business has been tight

Thanks for your response.

You may in fact terminate the employee for failure to act in a safe manner. You can also deny that you are liable for his injury, as there is evidence that he intentionally hurt himself in an attempt to draw fraudulent benefits from you.

Even though you do not have workers compensation insurance, there is not an automatic assumption of liability. The injured worker still has to file a suit against you and prove that you were negligent in keeping a safe workplace. Here, if the machine was properly guarded pursuant to OSHA standards, combined with the fact that you have witnesses that say he did it intentionally, the injured worker does not have a case.
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Customer reply replied 4 years ago

Thank you. I know I am still vunerable for a law suit or am I? What can I do to minimize such law suits?


 

Outside of getting workers compensation insurance, you just have to be vigilant in watching out for safety at the workplace.

You are vulnerable to a lawsuit by an injured worker. These sort of suits can draw huge verdicts, which is why workers compensation insurance is valuable. Without it, you are really taking a gamble. This is especially true where you have workers who are doing physical labor with heavy machinery.
TexLaw
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Experience: Lead trial/International commercial attorney licensed 11 yrs
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