copyright © 2007 Donna C. Peavler
Employee Injuries When Employees Are Injured on the Job |
When an employee of a nonsubscribing company is injured on the job, the employee
has the option to file a personal-injury claim against the company in a court of
law. The fact that the employee was injured does not automatically make the
employer responsible for the injury; the employee still must prove that his
employer was negligent and that the employer's negligence caused his injury.
But a nonsubscribing employee is at a significant advantage compared to the
typical plaintiff because in a nonsubscriber case, the employer is prohibited
from asserting certain defenses that normally are available to defendants in
personal-injury actions. For example, in most personal-injury cases, the
defendant is permitted to argue that plaintiff's own conduct caused all or part
of his injury, and the jury is asked to apportion fault between the plaintiff and
defendant. In a nonsubscriber case, the defendant is not allowed to assert
that the employee's own conducted was a partial cause of the injury. The
employer can, however, assert that the employee's conduct was the "sole
proximate cause" of the injury, since this defense does not apportion liability
but merely negates the plainitff's claim that the defendant's conduct caused
the injury.
The Peavler Group is experienced in representing and defending
nonsubscribing companies in personal-injury claims and lawsuits, both before
and after suit is filed.
has the option to file a personal-injury claim against the company in a court of
law. The fact that the employee was injured does not automatically make the
employer responsible for the injury; the employee still must prove that his
employer was negligent and that the employer's negligence caused his injury.
But a nonsubscribing employee is at a significant advantage compared to the
typical plaintiff because in a nonsubscriber case, the employer is prohibited
from asserting certain defenses that normally are available to defendants in
personal-injury actions. For example, in most personal-injury cases, the
defendant is permitted to argue that plaintiff's own conduct caused all or part
of his injury, and the jury is asked to apportion fault between the plaintiff and
defendant. In a nonsubscriber case, the defendant is not allowed to assert
that the employee's own conducted was a partial cause of the injury. The
employer can, however, assert that the employee's conduct was the "sole
proximate cause" of the injury, since this defense does not apportion liability
but merely negates the plainitff's claim that the defendant's conduct caused
the injury.
The Peavler Group is experienced in representing and defending
nonsubscribing companies in personal-injury claims and lawsuits, both before
and after suit is filed.
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Texas Nonsubscription. Answering your legal questions...