Discussion: On a day off from work, an employee visited the store at which she w
ID: 364210 • Letter: D
Question
Discussion:
On a day off from work, an employee visited the store at which she was employed for the purpose of signing a sympathy card for a coworker. While talking with coworkers at the back of the store, a shelf gave way and began to fall over. The employee grabbed the shelf to stop it from falling. In the process of helping to hold up the shelf, the employee severely injured her back. It was determined later that the shelf fell over because it had been improperly braced when it was put up by the employer. The employee sued for negligence, while the employer maintained that Workers’ Compensation was her exclusive remedy.
1. What should the court decide?
2. Why?
Source: (Wright v. Beverly Fabrics, 95 Cal. App. 4th 346 (2002); review denied, 2002 Cal. LEXIS 3206).
https://www.leagle.com/decision/2002618115calrptr2d5031560
Explanation / Answer
Workers’ compensation is a scheme well recognized by regulation interpreted with an objective to ensure that workers are satisfactorily and sufficiently compensated for the losses suffered on account of injuries suffered irrespective of the fact whose fault it was which resulted in wounds and damages.
Workers’ compensation ensures to make available a proportion of an individual’s foregone earnings and also makes sure to cover up the related medical bills, cremation expenses, employment restoration and any other related expenditures.
However workers’ compensation cannot be considered as a lawsuit rather it is regarded as a privilege which is much more administrative in nature and as a result it proceeds before the workers’ compensation commission which is considered as an administrative organization instead of in a court of law which is a part of the jurisdictional subdivision of government.
In a case before the commission a petitioner is conferred with workers’ compensation welfares and assistances whereas in a court of law a complainant can sue and pursue for compensatory reimbursements. If the commission’s judgement is appealed before a court of law only then a compensatory case will proceed before the court of law.
However under judicial proceedings as an employee you cannot sue and take legal action against your employer for negligence. The Maryland Workers’ Compensation system is careful well-thought-out process which is considered as the product of compromise and finding out a middle ground.
In other words workers are barred from initiating any kind of civil actions against their employers in exchange of the lawful obligation that employers need to procure and maintain compensatory insurance for their employees. Thus in other words employers are protected from any kind of civil liability but however they are required to pay workers’ compensatory benefits irrespective of the fact whose fault it was.
However even though an injured employee is not allowed to take legal action against their employer for carelessness and negligence they are indeed permitted to go to court and bring a claim for any kind damages suffered if the employer deliberately and purposely causes any kind of harm and destruction.
Relatively a civil action can also be preserved, sustained and retained against an employer for an injury that was initiated and instigated by the premeditated and deliberate deed of a supervisory co-worker. In constraint situations and conditions a legal action can also be brought against an employer for carelessly engaging and preserving the fellow co-worker.
However with regard to third-party claims it is significant to note that the employer has a right to subrogation for all the welfares and reimbursements that the employer or its insurer actually paid and this comprises the medical expenditures and any disability expenses. A right to subrogation basically means that the employer is entitled to repayment if the injured worker gets hold of a civil judgment in a third-party case.
Another aspect that an injured employee must remember while filing a third-party claim is the concept of contributory negligence which bars claim in a court of law if the plaintiff the person who filed the lawsuit is found to have contributed to his injuries. Thus while workers’ compensation is conferred notwithstanding of personal fault the same cannot be said for third-party claims.