In a general sense, a business owner or manager would be legally liable for negligent actions when employee safety and/or personal property is damaged due to the employee's negligent acts. In most cases, negligent acts would be due to a breach of the duty of care, which means the employee violated the duty of care by either negligently working, or negligently allowing an employee's bodily injury, or for failing to act promptly to prevent an accident. However, in many cases, negligence would be due to the owner or manager, as it is usually the business owner or manager's or supervisor's responsibility to hire, train and supervise employees and monitor their actions. In addition, the employer is ultimately liable for an employee's unlawful acts due to the employee's being given unsupervised access to the company's goods or services. Finally, failure to maintain workplace safety may constitute negligence, due to the inherent danger of the work environment.
State statutes governing claims against employers may also cover an employee's claim against a business owner or manager if the employee was injured as a result of an act of the employer.
If you're an employer, you have a right to a hearing before an arbitrator to get the decision reversed or set aside.
2. If you're an employee, are you covered by an Employee Retirement Income Security Act (ERISA)? Many business owners or managers might not know that ERISA is the law that gives many employers specific legal rights and protections regarding employee benefits. For example, an employee's coverage under the act includes the right to benefits from most life and disability insurance, and it includes the right to a right to medical care if the employee has a condition that would result in extreme health care expenses. ERISA also includes the right to group life insurance, and it extends to workers and their families.
It is important for employers to be aware of the rights and protections afforded by ERISA. ERISA is the law of the land and employers should seek to understand it in the context of their business' legal obligations. Employers are not allowed to pay excessive fees to certain lawyers who work on their behalf, or to lawyers who do not have experience in their particular field of law. Also, ERISA's rules and regulations provide specific standards that employers must follow.
3. Will you get charged a special ERISA fee for employing you? This depends on your industry and whether your industry has ERISA or not. It is a good idea to inquire with the ERISA Attorney and others in your area of the law who know ERISA laws for guidance in answering this question.
Also, when accident occurred in a vehicle owned to your employer, some states have different rules for employers regarding ERISA and some states do not. For example, some states have no ERISA or other state-specific law and employers in those states are not required to give their employees the same legal rights and protections afforded to employees in other states.