Protection for employees and employers
Since that time, workers’ compensation laws have been created and are able to handle many of these work injury issues. Employers now pay into a fund that is essentially workers’ compensation insurance. This fund grants the employee immediate access to health care and wages that are lost, due to their injury, in the event of a workplace injury. However, it is also a “no-fault system”, which grants the employer limited legal liability. This saves everyone from costly court battles, which sometimes lasted years. Rather than attempt to sue your employer when you are injured, employees now file workers’ compensation claims.
However, there are instances when an employer can be sued for an act that is extremely negligent, and contributed to very clear, even malicious, punitive damages to an employee. These claims are quite rare, as they can add many complications to the workers’ compensation process and are often quite difficult to prove. Oftentimes, Woodson claims are brought up in the cases of wrongful death, or in violations of things like child labor laws. However, in many cases, it may not necessarily be the employee who opts to sue the employer. Instead, other government labor agencies may use a Woodson claim to go after a company that is engaging in deliberate illegal acts.
Contact my office in Taylorsville, Utah today to schedule a free consultation. I serve clients all over the Salt Lake City metropolitan area.