Employer's Liability & Retaliatory Discharge
Employers Liability Act litigation is not as prevalent as it once was, primarily due to the near abolition of “co-employee” lawsuits by injured workers. These suits, once common, are now infrequently brought because of the requirement an injured worker prove that the co-employee, supervisor, etc. acted willfully, and intended an injury to occur. This does not often happen, to be certain. However, we are retained on occasion to defend the rare ELA case, as we have, from time to time, continued to be involved in these cases. We are also called upon by workers’ compensation insurers, excess insurers and re-insurers to advise on policy interpretation and coverage evaluations in this area.
Retaliatory Discharge (a/k/a Wrongful Termination) claims arise when a worker alleges an on the job accident and injury, and further claims that his or her employment was terminated (actually or constructively) on account of making a claim for workers compensation benefits. This cause of action is brought against the employer in addition to the claim for workers’ compensation benefits, and permits recovery of additional damages such as mental anguish/emotional distress, loss of earnings and in some cases, punitive damages. We have extensive experience in defending these claims, with most being disposed of by summary judgment, and others resolved through settlement or trial.
