Workers Compensation questions and potential Employer liability

Posted Thursday, June 23, 2011 by Ed Harper

If you injured while working as an employee of another, and the employer has workers compensation coverage (call Labor and Industries in State of WA) you should be able to recover for your losses. You cannot sue your employer however as a result. This type of insurance coverage was enacted to protect employees whether or not they or their employers were negligent.

If one is an employee or an independent contractor is often litigated in court cases. You can recover from an employer for an employees actions, but not usually when an independent contractor is negligent. To determine if one is an actual employee vs. an independent contract relates to what is called an agency-principal relationship that may have been in place between you (agent) and your employer (principal). You should connect with an attorney as soon as practical in order to protect your interests. Your employer should have a liability policy in place which would be responsible for defending them and you for your potentially negligent conduct.

We Are Here to Help

Although our office does not handle all types of cases, we hope you will contact us regarding any legal issues you may encounter. We will answer your questions, or refer you to another quality and trustworthy attorney if we are unable to assist you.