Workers are injured on the job for a variety of reasons, and not all are related to an employer’s direct negligence. In some cases, injuries are caused by a co-worker’s actions. If you suffered injuries in this fashion and work for a non-subscriber employer in the Dallas/Fort Worth area, you may be able to hold your employer vicariously liable for your fellow employee’s negligence. If found liable, your employer would have to compensate you for your medical bills, lost wages, and pain and suffering.
Holding a Non-Subscriber Accountable Through Vicarious Liability
The legal theory of vicarious liability allows for holding Party A responsible for the acts of Party B when Party A exercises a level of control over what Party B does. The type of vicarious liability that applies in work situations is called respondeat superior, which is a Latin term that means “let the master answer.” In order to hold an employer responsible, the following would need to be proved:
- The co-worker was employed by the company.
- The injured person was hurt due to the careless actions of this employee.
- At the time the negligent act occurred, the employee was working under the authority of his employer and was performing normal work duties and furthering the company’s interests.
Exceptions to the Vicarious Liability Rule
There are exceptions to holding a business vicariously liable for the actions of people it employs. Here are a few situations when they would most likely not be responsible:
- The individual was not doing his job. For example, if he was playing with a forklift or nail gun or horsing around in another fashion, his actions would not be in the course of his job duties.
- The co-worker intentionally injured another employee. This could be out of anger or for another reason. However, if the person had a history of violence and the employer knew about it and did nothing, this exception may not apply.
Why Vicarious Liability Matters When You Must File a Non-Subscriber Workplace Injury Claim
If you work for a non-subscriber employer, you must prove negligence in order to be compensated for your injuries. If your injuries were caused by a co-worker, you want to hold your company responsible for this negligence if at all possible. The reality is that the company will have much more insurance coverage to compensate you than the person who injured you.
Have You Been Injured At Your Texas Job And Your Employer Doesn't Provide Workers' Compensation?
If you've been injured on the job and your employer is non-subscriber you need to speak with an experienced work injury lawyer as soon as possible. Contact us online or call our our Colleyville office directly at 817.380.4888 to schedule your free consultation.
We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.