Masonry Magazine October 1985 Page. 41
Insurance
Insights...
Workers May Sue And Get Comp, Too
Because your firm carries coverage limits set by the state on Workers Compensation insurance, your company should have no problem taking care of employees who have suffered job-related injuries, right? Not necessarily. The incidence of workers suing their employers for damages because of job-related injuries is on the rise.
Because Workers Compensation laws cover the costs of all work-related injuries, in a generally liberal fashion and without regard to fault, employees usually don't sue their employers, even in situations in which the employer may have been negligent.
Some state courts have begun to define situations in which injured workers may sue. Usually, the employer must have been acting in a dual capacity (as the employer and as the property owner, the self-insurer, or the manufacturer of the product causing the injury).
For example, if an employee slipped and fell in a public area of a building the employer owned, or if the employee was injured by a product that could have caused similar injury to a member of the general public, that employee was able to sue, because he or she was injured just as any public individual might have been.
Often, these types of lawsuits are being decided in favor of the employee, even though previously the Workers Comp system would have provided the exclusive remedy. As an employer, you should know how your insurance will respond to such lawsuits. Usually, defense is provided and judgments are paid either by the Employers' Liability section of your Workers Compensation, or by your General Liability policy. Insurance & Risk Management Newsletter, Commercial Insurance Service, Inc., Charleston, W.Va.
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Top Koehring Distributor Gets Award
Contractors Service & Rentals, Inc., Charlotte, N.C., has earned the Koehring Construction Equipment top dealer award for 1984. Pictured at the presentation of the award are (from left) Mark Murray, Koehring district manager; Tom Bennett, sales vice president of Contractors Service & Rentals; August Mercer, president of CS&R, and Reggie Holderfield, Koehring regional manager.