If you are a business owner, it’s important to be aware of the potential personal liability you could face if one of your employees is injured on the job. In most cases, the business owner is not personally liable for employee injuries. However, there are some exceptions. We will look closely at when you can be liable for an employee’s injury.
1. If You Are Negligent
If you, as the business owner, are found negligent in your actions or inaction leading up to the employee’s injury, you could be held liable. For example, if you knew about a hazardous condition in the workplace and did nothing to fix it, or if you failed to provide proper safety training to your employees, you could be held responsible if an employee is injured.
As www.michaelwaks.com explains, for negligence to be proven, it must be shown that the business owner knew about the hazard and did nothing to correct it or that a reasonable person would have known about it and taken steps to prevent it.
2. If You Have a Contract with the Employee
A contract between a business owner and an employee can make the business owner liable for any injuries the employee sustains while working. This is typically seen in situations where the employee works on behalf of the business owner, such as when an independent contractor is hired to do a job.
In these cases, it’s important to have a clear contract that outlines the responsibilities of each party and limits the business owner’s liability.
3. If You Are Found Intentionally Harmful
In some rare cases, a business owner can be held liable if it is proven that they acted to cause harm to the employee. This is typically seen in cases of assault or battery. For example, if a business owner punches an employee, the employee can sue them for assault.
Additionally, if a business owner orders an employee to do something that they know is dangerous and the employee is injured as a result, the business owner can be held liable. This is known as “intentional tort.”
However, proving that the business owner intended to cause harm can be difficult. In most cases, the business owner will only be held liable if there is clear evidence that they intended to cause harm.
4. If You Are a Sole Proprietor
If you are a sole proprietor, you may be legally responsible for any injuries your employees get while working. This is because sole proprietorships are not separate legal entities from their owners.As a result, the business owner and the business are the same in the eyes of the law. If an employee is injured while working, they can sue the business owner directly.
Additionally, sole proprietorships typically do not have the same protections as other business structures, such as corporations and LLCs. If a sole proprietor is sued, they could lose their assets, such as their home or savings.
Conclusion
As a business owner, it’s important to be aware of the potential personal liability you could face if one of your employees is injured on the job. In most cases, the business owner is not personally liable for employee injuries. However, the above are some exceptions to this rule.
