Safety should be a top concern for an employer in any type of worksite. This means taking all the necessary precautions to ensure employees are working in a safe workplace in California. However, not every single accident can be prevented despite an employer’s best efforts. Unfortunately, this is what one employer is now finding out after being sued in an injured worker claim.
The incident occurred in late March when a man was working for chicken products company Pilgrim’s Pride Corporation. The man filed a lawsuit against the corporation in mid-November and is alleging negligence. The lawsuit claims that the employer did not have a proper safety infrastructure, which could have prevented the man from being injured.
The man was working on a catwalk inside a feed mill at the time of the accident. The plaintiff alleges that the catwalk lacked proper guard rails, which resulted in an unreasonably safe workplace. The lawsuit also accuses the corporation of failing to obtain workers compensation coverage. The plaintiff claims he has experienced mental anguish, bodily injuries, loss of earnings, loss of enjoyment of life, medical expenses, and a variety of other damages.
On the other hand, the corporation will also have the option of refuting these allegations resulting from the injured worker’s claim. However, a strong employer defense strategy will be necessary to legally prove in the court of law that the corporation was not negligent. Just like in any other lawsuit in California, this requires adequate knowledge of how the law works and how to apply it to the particular details in the specific case.
Source: setexasrecord.com, “Worker alleges Pilgrim’s Pride Corporation’s negligence caused workplace accident“, Robbie Hargett, Nov. 20, 2015