Please ensure Javascript is enabled for purposes of website accessibility Employer Negligence in California: How to Sue - Pride Legal

What is Employer Negligence?

The definition of employer negligence is when an employer fails to provide a safe work environment that takes account of employee rights. Employer negligence can include:

  • Lack of security
    • An example would be not keeping employee personnel files secure and allowing personal details to leave the premises.
    • Giving personal information, such as schedules, out to non-employees
  • Negligent Hiring and Retention
    • The employer knew that the individual was unfit for the position
    • An example of this could be hiring someone with a history of misconduct with children to a daycare center.
  • Product and Premise Liability
    • An example would be faulty walkways and work areas where regulatory expectations have not been met.
    • Overall, the product and Premise liability employer is not maintaining a safe work environment.

Overall, the employee is entitled to a safe work environment. If this is compromised by employer negligence to the work environment, the employee is entitled to financial compensation. This type of negligence also takes care of contractors and other forms of atypical employment. The bottom line is if the employee works for the company in any capacity and is harmed due to negligence, the employee can sue for employer negligence.

What Happens if Harm Comes from Employer Negligence?

Suppose an employer for any reason fails to honor their duty to protect their employees, and physical or emotional harm comes from it. The employee would then have a right to file a civil lawsuit. Several steps need to legally prove that the employer has been neglectful, such as gathering proper evidence and filing a civil lawsuit. Employees’ rights are in place to ensure that employees are adequately compensated due to an employer’s neglect.

Is this the Same Thing as Worker’s Compensation?

Workers’ compensation is wages paid to the employee if the employee is injured at their place of employment. Worker’s compensation is a no-fault system, where no one is to blame. This protects the employer from accidents that would be unavoidable due to the work environment, not because of negligence. An example would be a construction worker suffering a significant injury on a job site due to the strain of the position. It would now be considered employer neglect if the employer implemented or condoned unsafe practices at the job site. Employer neglect is when the employer is at fault due to negligence. In this scenario, the employee would file an employer negligence suit against the employer. There are several things that worker’s compensation does not consider, such as emotional damage from the accident itself. Worker’s compensation only covers lost wages and does not take care of other damage, including permanent damages. By filing an employer negligence lawsuit, the employee can gain compensation for all damage, as well as a more significant settlement.

How Do You File an Employer Neglect Civil Lawsuit?

The first step is to contact the legal counsel. These court proceedings are not straightforward. Therefore, it is best to contact a professional who knows their way around civil torts. There are several steps to prove that duty of care was not in effect. While the employee might find evidence and prove employer neglect, it would be hard to file legal proceedings without the appropriate council.

Once legal counsel has been obtained, it is best to start gathering internal evidence. Evidence needs to be obtained to build a compelling case. This can be:

  • Showing that the files were not secure and how easily accessible personal information was for an outside source to obtain.
  • Finding records indicating the employer knew that the employee was not fit to be in the work environment
  • or documentation that the work environment was unsafe and not up to code.

It is also best to ensure that all interactions with the victim and management have a “paper trail.” Meaning that every conversation should be over email or text to ensure a record of the conversation and what was said remains. Most texts and emails can be used as evidence, and phone calls must be recorded to suffice as evidence.

Evidence of the breach of employer neglect is not the only evidence you would need. The defendants (employee’s council) would also need to prove that the breach led to harm. This can be proved by:

  • Pain and suffering from the breach
  • Medical bills lead from an accident caused by the breach
  • Inability to continue to work
  • Inability to live the same quality of life after the breach

Like the actual breach, evidence will need to be gathered for your council to prove that the employer’s neglect led to a lesser quality of life. It would be inefficient to gather evidence of harm without proving that the harm came from the employer’s neglect.

Contact Pride Legal

If you or a loved one has been involved in an employer negligence case or would like to file one, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.

Share This