Negligence Claims

Against your employer or fellow employees

Generally, you cannot bring a negligence claim against your employer to recover for work related injuries. However, there are limited circumstances in which a negligence action can be brought against the employer or fellow employees. The most common circumstance in which an employer can be liable for negligence is if the employer has fewer than five employees and is, therefore, not covered by the Workers' Compensation statute. The other exceptions that allow a negligence suit against an employer or fellow employees are limited and complex. To be safe, you should always ask an experienced attorney if there is a possible negligence claim.

Against third parties

If your injury was caused by the negligent activities of someone who does not work for your employer, you may have a "third party" claim against the negligent party. This third-party claim might be available in addition to workers' compensation benefits. Money damages in a "third party" claim are often greater than the workers' compensation benefits available for the same injury. The possible existence of a "third party" case is a good reason why a trucker should promptly consult with an experienced lawyer.

IMPORTANT - This is not a substitute for legal advice. Please see Disclaimer.