Work-Related Injuries Caused by Negligent Supervision
Key Takeaways:
- Non-subscriber Texas employers can face full personal injury claims.
- Negligent supervision includes poor training, ignored hazards, or unqualified staff.
- Personal injury claims may cover medical bills, lost wages, pain & suffering, and exemplary damages.
- Protect your rights: get medical care, document everything, report in writing, and contact an attorney.
- Evidence: training records, safety reports, witness statements, and prior incidents.
While some people assume that all workplace injuries are handled through workers’ compensation claims, Texas law is unique, as employers are not required to carry workers’ compensation insurance. That means if you have been injured on the job due to your employer’s or supervisor’s negligence and your employer did not have workers’ compensation insurance at the time of the incident that caused you injury, you may have the right to pursue a personal injury claim for full compensation. This type of claim against an employer who did not have workers’ comp is known as a ”non-subscriber” claim.
If the employer did carry workers’ compensation insurance at the time of the incident, the claim against the employer should be made through the workers’ compensation system, although there may be a claim that can also be made against any third-party who caused or contributed to the incident that caused the injury.
Negligent supervision is one common preventable cause of workplace injuries. When employers fail to properly train, monitor, or supervise employees, serious accidents and injuries can happen. Employers can be held vicariously liable for an improperly supervised employee’s actions.
The work injury attorneys at The Callahan Law Firm represent individuals and families in personal injury claims, including workplace injuries caused by employer and supervisor negligence.
Contact us today or call anytime at (713) 589-7767 for a free consultation with an experienced workplace injury attorney at our firm. Our office is conveniently located at 440 Louisiana St #2050, Houston, TX. Yes! Your personal injury consultation is free.
What Is Negligent Supervision of Employees?
Negligent supervision occurs when an employer or supervisor fails to adequately oversee, train, or manage employees, leading to workplace accidents and injuries. Failure to supervise creates dangerous conditions that put workers at risk.
Supervisory negligence can take many forms, such as:
- Failing to provide proper safety training
- Ignoring hazardous workplace conditions
- Assigning tasks to unqualified employees
- Failing to supervise so that work will be done safely
- Failing to follow safety policies and procedures
Employers have a legal obligation to maintain a reasonably safe workplace and ensure that employees are properly supervised and follow safety procedures, especially when performing dangerous tasks such as operating heavy equipment. When a non-subscriber employer breaches the duty through supervisory neglect and an employee suffers injuries as a result, the employer may be held liable for damages.
Unlike workers’ compensation claims that limit your recovery to medical expenses and partial wage replacement, a personal injury claim based on negligent supervision allows you to pursue full compensation, including damages for pain and suffering, physical impairment, lost earning capacity, and exemplary damages in cases of gross negligence.
If your employer is a non-subscriber under Texas law or if you believe that you may have a third-party claim, discuss your legal options with our attorneys now.
Steps to Take If You’ve Been Injured Due to Negligent Supervision
If you have suffered a workplace injury that you believe resulted from negligent supervision, taking immediate action can protect both your health and your legal rights:
- Seek medical attention. Your health is the top priority. Get immediate medical treatment and follow all recommended care. Medical records will also serve as crucial evidence in your personal injury claim.
- Report the injury. Notify your employer about the injury in writing as soon as possible. Document the date, time, location, and circumstances of the accident.
- Document everything. Keep detailed records of all medical treatments, expenses, missed workdays, and how the injury has affected your daily life.
- Avoid giving recorded statements. Insurance adjusters may contact you seeking a recorded statement. It is often best to politely decline until you have consulted with an attorney, as these statements can be used against you.
- Contact an experienced personal injury attorney. The Callahan Law Firm offers free consultations to evaluate your case and explain your legal options. We are available to talk in person, over the phone, or through text, email, or video chat at a time that is convenient for you.
How Negligent Supervision Claims Work Under Texas Law
In Texas, workplace injury claims based on negligent supervision fall under general personal injury law and employer liability principles. Because Texas does not require employers to carry workers’ compensation insurance, injured workers can pursue traditional personal injury lawsuits against negligent employers that do not participate in the workers’ compensation system. In addition, an injured worker may be able to pursue a third-party claim against a person or company who was not their employer and who caused or contributed to the incident, such as a contractor, product manufacturer, trucking company, or other.
To succeed in a negligent supervision claim, you must establish that your employer owed you a duty of care, breached the duty through failure to adequately supervise workers, and that the breach caused your injuries and losses. Texas courts recognize that employers have a responsibility to provide reasonable supervision to prevent foreseeable harm to employees.
Texas law also permits exemplary damages in cases where the employer’s conduct was particularly reckless or intentional, providing additional accountability for dangerous workplace practices.
Proving Your Negligent Supervision Claim
Evidence our attorneys commonly use to prove negligent supervision includes:
- Safety violation reports and OSHA citations
- Training records showing a lack of adequate training for employees
- Witness testimony from co-workers about supervision practices
- Expert testimony regarding industry safety standards
- Company policies and procedures, particularly if they were ignored or did not exist
- Previous incident reports showing a pattern of negligence
- Video surveillance footage of the accident
- Employment records showing that supervisors were understaffed or unqualified
- Documentation of dangerous conditions that supervisors knew about but ignored
At The Callahan Law Firm, our experienced workplace accident attorneys devote the time, attention, and resources necessary to thoroughly investigate workplace injury cases and gather the evidence needed to build a compelling claim of negligence. Our attorneys purposely limit the number of cases we take to ensure each client receives the focused attention they deserve.
How Negligent Supervision Can Make Employers Liable for Workplace Injuries
Under Texas law, non-subscriber employers can be held liable for injuries resulting from their failure to properly supervise employees. The liability exists separately from any claims against third parties who may have caused or contributed to the accident.
Employer liability for negligent supervision is based on the principle that an employer has a non-delegable duty to provide a safe workplace. Even if a supervisor or manager was the one directly responsible for the supervision failure, the employer bears ultimate responsibility for ensuring adequate supervision.
The Callahan Law Firm has earned a reputation for courtroom success, and insurance companies know we prepare each case as if it will go to trial. Our preparation and willingness to go to court often lead to better settlement offers and case results, as insurers recognize our resolve to fight for our clients’ rights.
Attorney Michael S. Callahan is board-certified in personal injury trial law, while partner Casey M. Brown‘s defense background provides valuable insight into the tactics insurance companies use to minimize serious injury claims.
Our goal is to level the playing field against insurance companies and corporate bullies who try to deny injured workers the compensation they deserve.
Contact The Callahan Law Firm Today to Discuss Your Negligent Supervision Case
If you have been injured at work due to negligent supervision, you need experienced legal representation to fight for your rights. The Callahan Law Firm is client-focused, compassionate, and committed to making a stressful process easier for you and your family.
Contact The Callahan Law Firm today or call anytime at (713) 589-7767 to discuss your negligent supervision case in a free consultation and learn how we can help you move forward with your life.