July 20, 2020

Employer Negligence: What It Is and Common Examples

work injury compensation claim form with doctor's stethoscope on it

Employer negligence is a concept that often comes up in workers' compensation cases that our firm handles and something workers should know about. This term describes a person or entity that fails to act reasonably, given the circumstance. More specifically, it can stem from "no action" or "incorrect action" within the workplace.

As with all negligence claims, the claimant must prove four elements:

  • That the defendant (in this case, the employer) owed them a duty of care
  • That this duty was breached
  • That the claimant was injured as a result of the breach
  • The injury to the plaintiff was a reasonably foreseeable consequence of the breach

Below we outline three common examples of employer negligence case types and why working with a workers' compensation attorney might be a good idea.

Types of Employer Negligence with Examples

Negligent Hiring

Employers have a duty of reasonable care to screen people who, when hired, may pose a threat of injury to fellow employees, members of the public, or the work environment.

Example: Company does not do a background check on an applicant who was previously charged with assault. This individual assaults a fellow employee in the workplace, and their criminal record is revealed after the fact.

Negligent Retention

If an employer improperly or fails to train their employees to handle different situations that arise at work, they may be liable for any harm done as a result of this action.

Example: An employer fails to train staff at a warehouse to properly use a forklift, which results in an employee sustaining injuries after another team member loses control of it.

Negligent Supervision

This occurs when an employer's failure to reasonably control or monitor the actions taken by his or her employees.

Example: During a work happy hour at an office, one employee becomes sexually aggressive towards another team member while the manager/business owner ignores it and does not intervene.

What Legal Recourse is There for an Employer Negligence Case?

If you have been subjected to employer negligence or want a legal expert's opinion, consult with our workers' compensation team. Leveraging years of real-life experiences and knowledge of Maryland law, we can help ensure you get the justice you deserve. Call our office or submit your information using our online form.