Workplace Injury Attorney in El Cajon: Employer Accountability

It’s not that uncommon for someone to get injured at work due to a co-worker’s carelessness. Accidents at the workplace loom around every corner when ill-skilled employees are involved, like for example when an irresponsible co-worker driving a vehicle causes a terrible accident hurting themselves and others in the process. An accident can also occur while the employees are performing their work-related duties if an irresponsible employee mishandles the equipment, harming a colleague in the process. This situation is commonplace with most high-risk jobs and it is important to consult with a workplace injury attorney in order to know your rights and your employer’s responsibilities should something like this ever happen to you.

Remember: The employer is almost always accountable for the employees’ actions in the line of duty.

A law theory called “respondeat superior” states that in a large number of conditions the employer takes full accountability for the actions their employees perform in the line of employment. The rule also known as “master-servant rule” is acknowledged in both common and civil law practice. This means that if an employee causes a colleague’s injury, the employer can be held accountable as long as the accident occurred while the employees were performing their duties in the line of work. This said, if the employee was acting on their own accord and the accident was not related to any job-related duties, the employer will not be held accountable for their employees’ injurious actions.

A good example of this is a situation where two workers take the company vehicle to get from one company site to another. The driver becomes careless and causes a traffic accident, injuring his colleague in the process. This means that the employer can be held accountable for his employee’s negligence as the accident occurred while they were performing a work-related task.

If, however, the two employees take the company vehicle in order to grab a lunch and while traveling to a restaurant the driver causes a similar accident described in the first example, which ends with them harming their colleague, the employer cannot be held accountable as the accident occurred outside of the employees’ work-related duties.

In some cases the employer can be even held accountable for an injury outside the line of duty, for example when an employee in question harms another party and the employer should have expected such an outcome. This falls upon the negligent hiring practice which states that it is the employer’s duty to conduct thorough checks before hiring a potentially troublesome individual, or otherwise accept full responsibility for that employee’s potentially harmful actions. To clarify, this mostly relates to violent incidents or assaults between the employees. Here’s a hypothetical example: if a candidate has a criminal record or previously recorded violent outbursts and the employer does not act on that information and still hires the individual, the employer can and will be found accountable for the individual employees harmful actions or violent assaults on his colleagues whether during or outside the line of work.

Are you in need of a workplace injury attorney in El Cajon?

Our team of experienced, ethical and aggressive attorneys here at Accident & Work Injury Law Group can help you determine whether your employer can be held responsible for your work-related injury. We are available for free consultations and an experienced workplace injury attorney in El Cajon will give you useful information and advice with no further obligations to Accident & Work Injury Law Group. Our attorneys work for a contingency fee meaning that you only pay when your case is won. Do not hesitate to call us and receive legal advice about your case!