Employer Liability

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Who May Have an Employer Liability Claim

Employer liability claims can arise in many different situations. Depending on the facts, a claim may involve:

  • An employee seriously injured by a violent coworker.
  • A customer or client assaulted by an employee.
  • A child harmed by a daycare, school, or childcare employee.
  • A nursing home or assisted living resident abused by staff.
  • A patient or vulnerable adult harmed by a caregiver.
  • A person injured by a security guard, bouncer, driver, or other employee acting dangerously.
  • A family pursuing a wrongful death claim after preventable harm caused by an employee.

Who Can File a Claim?

The person who was injured may be able to bring a claim against the employer, depending on the circumstances.

In cases involving a death, certain surviving family members or the personal representative of the estate may also have the right to pursue a wrongful death claim.

The exact legal options depend on who was injured, how the incident happened, what relationship the employee had to the employer, and what the employer knew before the harm occurred.

Important Things to Know

  • An employer is not automatically liable every time an employee causes harm.
  • Prior complaints, threats, fights, disciplinary issues, or reports of dangerous behavior can be important evidence.
  • Negligent hiring, negligent retention, and negligent supervision are different legal theories and may apply differently depending on the facts.
  • A workplace injury does not always mean workers’ compensation is the only potential claim.
  • Company policies, personnel records, witness statements, incident reports, and prior complaints may become important evidence.
  • Evidence can disappear quickly, so serious incidents should be investigated as soon as possible.

Why this matters:

Employees, customers, and members of the public should not have to suffer because an employer ignored known warning signs or failed to address dangerous behavior. When negligent hiring, retention, or supervision contributes to serious harm, the employer may also be held accountable.

Important Things to Kn

An employer is not automatically responsible every time an employee hurts someone. Employer liability often depends on what the company knew, or should have known, before the incident occurred.

Prior fights, threats, complaints, disciplinary problems, aggressive behavior, or other warning signs may become important evidence. Oklahoma law recognizes claims involving negligent hiring, supervision, and retention when an employer had reason to believe an employee presented an undue risk of harm to others.

Filing Deadlines Matter

Employer liability and personal injury claims are subject to legal deadlines. In Oklahoma, many negligence-based injury claims generally have a two-year statute of limitations, but the applicable deadline can vary depending on the type of claim, the parties involved, and the circumstances of the case.

Waiting can also make a case more difficult. Surveillance footage can be deleted, witnesses can become harder to locate, and employment records, complaints, disciplinary documents, and other evidence may become more difficult to preserve.

We consider it an honor and a privilege to help our clients understand their legal options, investigate what happened, and pursue accountability when an employer’s actions or failures contributed to serious harm.

Why Choose Smolen Law?

With decades of experience and a history of securing multi-million-dollar verdicts, Smolen Law is a trusted advocate for catastrophic injury victims. Our team fights relentlessly to ensure justice and maximum compensation for those whose lives have been forever altered.

When the stakes are life-changing, Smolen Law delivers life-changing results.

Our Proven Results Include:

Explore our other practice areas to see how we help clients in personal injury, medical malpractice, and more.

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