What Has to Be Proven in an Unsafe Workplace Lawsuit?

Employers enjoy broad immunity from worker lawsuits for on-the-job injuries. In most states, including Wyoming, the immunity even extends to negligent actions by the employer that result in employee injuries. However, some states recognize an exception to this rule that allows workers to pursue an unsafe workplace lawsuit when an employer’s actions create a dangerous working environment.

Duty of Care and Employer Obligations to Provide a Safe Working Environment

The idea behind workers’ compensation rests on both fairness and economic reality. Workplace accidents happen often. In 2022, workers in the U.S. suffered 4.53 million injuries serious enough to require a medical consultation.

If these workers had to prove negligence to receive injury benefits for every injury, workers and employers would spend all their time in court. Furthermore, the cost of doing business would become prohibitive.

Instead, states created workers’ compensation insurance. Rather than handling employee injuries under the traditional tort system of laws, they shifted them to a no-fault insurance system. In this system, most work injuries automatically qualify for medical and partial wage replacement benefits regardless of who caused the injury.

As long as an employer stays current on their workers’ comp obligations, including paying their insurance premiums, they have immunity from work injury lawsuits. In other words, the state rewards employers for participating in the workers’ comp system by removing the threat of injury lawsuits by their employees.

In many states, this immunity has only a few exceptions. Two exceptions that can apply to an unsafe workplace lawsuit are intentional injuries and injuries that result from safety violations.

In other words, employers must avoid intentionally injuring employees. In many states, the employer becomes liable for intentional injuries even if they participate in the workers’ comp system. Wyoming falls into this category.

Employers must also comply with state and federal workplace safety regulations. In some states, a violation of these regulations can expose the employer to liability for any resulting injuries.

When Employers Breach That Duty

It’s possible for a work accident to be caused by a breach of the employer’s duty to provide a safe working environment. When this happens, workers can hire a lawyer to look into the state’s requirements for moving outside the workers’ compensation system.

If the employer’s breach of duty falls within one of the state’s exceptions, the employee is no longer limited to the benefits provided under worker’s comp. Instead, they can pursue an injury lawsuit.

Actions or Inactions That Can Lead to Injuries

In intentional tort states, workers must prove the employer’s intent to hurt them. These states will not allow a lawsuit if you can only show that the employer intentionally exposed you to danger. In safety violation states, you only need to show that the employer knew about the safety violation or deliberately blinded itself from discovering it.

For example, suppose that your injury happened when your safety harness failed. In this case, your employer knew the safety harnesses were damaged and needed replacements but ordered workers to use them anyway. You would probably not have a claim in an intentional tort state, but you might have one in a safety violation state.

Establishing Liability/Causation

To prove liability in your case, you and your lawyer must meet certain elements. In an intentional tort state, you must prove the employer’s intent to harm you. In a state that has exceptions for safety violations, you must usually prove two elements about the breach and its connection to your injury:

Foreseeability

Your injury must be a foreseeable result of the safety violation. This does not mean that your employer foresaw your accident or your precise injuries. Instead, it means your injury falls within the expected consequences of the safety violation.

Notice

In most states, the employer must have notice of the safety violation. Violations that result from negligence often fall under workers’ compensation and will not support a lawsuit.

Employee Injury

To file an injury lawsuit, you must suffer an injury. If you have not sustained an injury and you simply want to force your employer to remedy the safety violation, you should file an OSHA complaint. Federal and state whistleblower laws protect you from retaliation by your employer for reporting workplace safety violations.

Employer’s Knowledge

In intentional tort states, your employer’s knowledge of the incident will not be enough. You must prove intent. For safety violation states, you must usually prove the employer knew about the violation through official or unofficial channels.

Gathering Proof to Support Claims of Unsafe Workplaces

You will probably have three possible sources of evidence:

1. Co-workers who know what happened and who knew about it
2. Employer records like emails and safety inspection reports
3. OSHA complaints

You can use this information to support your claims and lead you to other evidence.

How a Lawyer Can Help You Pursue Justice and Compensation for Workplace Injuries

Lawyers play an essential role in workplace injury cases. Initially, you need a lawyer to determine whether you have a case since your employer has immunity to most types of cases.

If the lawyer determines you have a case, they will help you gather evidence to support your claim. Since your employer might have the evidence you need, your lawyer can use the discovery process in litigation to get it.

Frequently Asked Questions About the Grounds for an Unsafe Workplace Lawsuit

Here are some answers to questions people ask about unsafe workplace claims:

What Is an Example of an Unsafe Working Condition?

Unsafe working conditions can involve environmental hazards, such as cold or hot weather, broken equipment, and dangerous premises.

Can I Sue for a Toxic Work Environment?

Possibly. If your state allows claims for safety violations, and if the toxic environment resulted from a violation of state or federal laws, you may have a claim for any resulting injuries.

Do Employers Need to Provide Personal Protective Equipment (PPE)?

OSHA regulations require employers to provide essential PPE such as dust masks, safety glasses, or earplugs.

Contact Our Work Accident Lawyers to Learn More

A work accident can cause you significant disabilities and financial losses. Contact us to learn how we can help you with your workplace lawsuit.