Q: Employer executed Willful Neglect causing injury to employee. Has Workers comp. can I bring civil suit in Arizona?
Employer failed to repair open floor drain on high traffic area surrounded by dangerous kitchen equipment after two months of employees request to do so, resulting in employee injury. Workers comp is addressing injury. Can I bring civil suit against employers for Willful Neglect?
A:
Unclear if this would constitute gross negligence and extent of injury is also unclear. Talk to an injury and/or worker's comp lawyer ASAP.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
A: There is probably little chance of successfully suing your employer for what is more likely ordinary negligence. The fact that the employer was aware of the hazard may be a factor, but it is not the type of situation that has been recognized as taking a claim outside workers' compensation coverage. If you are have already received and/or are receiving benefits from the employer's workers' compensation carrier, it is even less likely that you can avoid what is called your election of remedies - accepting workers' compensation instead of suing your employer direclty
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