Q: Is it possible to sue my employer?
I do have an open workmans comp claim. Is it possible to still sue my employer if I can prove my employer engaged in intentional or egregious (flagrant or exceptionally bad) conduct? I can prove the employer's actions were deliberate and certain to result in my injuries. The proof being the company mechanic. He had removed the keys from my truck and put it in a “down” status, saying it was not safe for the road. My employer made me drive it anyway resulting in a serious accident.
A: What you are describing may be gross negligence or even egregious conduct, but it probably does not meet the criteria for an intentional tort (e.g., your supervisor or a manager or principal-owner deliberately ran you over in a company vehicle because of a work dispute). There are VERY few exceptions to the WC coverage your employer purchased that would allow a direct action against the employer, and even (especially) in your case the facts will matter. What, for example, was the alleged defect of the vehicle that the mechanic decided made it unsafe, and did your employer have any reason to disagree with or to disregard the mechanic's opinion? You can reach me at Jfriedman@cruzfirm.com or 602-492-5331 after 11:00 a.m. on Sunday, December 4, to discuss the details, at no charge. Thank you
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