Injured due to employer negligence? We can help you seek a complete range of damages.
Workers’ compensation insurance provides employees with the peace of mind of knowing they will be taken care of after a workplace accident. In exchange, they give up their right to sue their employer via a personal injury lawsuit.
The only exception is accidents involving gross employer negligence. In the event of such an accident, the injured worker can sue their employer.
What Is Gross Employer Negligence?
Most accidents fall under the category of simple negligence, with the at-fault party failing to act with reasonable care. But when the at-fault party (in this case the employer) willfully or deliberately ignores an imminent danger, this qualifies as gross negligence.
How Does Gross Employer Negligence Affect My Case?
There are three main ways gross employer negligence can affect a workplace injury claim:
More Compensation: While a workers’ comp claim can only provide help with medical bills and disability payments, if you are suing for gross employer negligence you can recover additional types of damages such as lost earning power, pain and suffering, and punitive damages.
Higher Burden of Proof: While there is no need to prove fault in a workers’ comp claim, you do need to prove liability for your accident in a gross employer negligence case. You will also need to establish that the employer’s actions went beyond ordinary negligence.
More Resistance: Given the higher amount of compensation at stake, both employers and insurance companies are likely to fight especially aggressively to defeat personal injury claims involving gross employer negligence.
We Will Fight For You
Since gross employer negligence cases are quite different from most workplace accident cases, it is very important to find an attorney who understands this unique area of law. The Law Offices of Larry H. Parker makes an excellent choice thanks to our alliance with the respected law firm Perona, Langer, Beck, Serbin and Harrison. You can rest assured we will be able to dedicate ample resources to your case.
As a first step, we will investigate the facts of your case to make sure a gross employer negligence claim is the right choice. If the evidence in your case is weak, we may suggest filing a workers’ comp claim instead. As your attorney, we always have your best interests in mind and you can rely on us for quality advice and representation.
Learn More During a Free Consultation
For more information about your right to compensation following an accident caused by employer negligence, please contact us at 800-333-0000 or submit your case online.