Employer Liability for Asking Employees to do Jobs Outside the Scope of Employment – Workplace Accident Attorneys

Examples of Tasks Employers Might Wrongfully Ask Employees to Perform

• Asking a stocker to operate a forklift
• Asking a warehouse worker to drive a semi-truck
• Asking a cleaner to operate a pallet jack
• Asking an office worker to move heavy boxes
• And more

If you were asked to perform any task outside of your designated job duties (i.e., what you are trained and certified to do), you could have a claim against your employer.

Understanding Employer Liability for Incidents

In general, when an employee is injured on the job, even when performing a task outside their job scope, the employer could be held liable. In general, employee injuries fall under the category of workers compensation; workers comp typically covers any injuries sustained on the job, even if they occurred as a result of a task outside of the scope of employment. However, it is important to note that employers could face additional liability – beyond workers’ compensation. Additional liability may apply in the case of negligence; more specifically, the employer may fail to provide the proper training, safety equipment, etc. resulting in accidents and injuries.

What if a third party is injured? If the incident results in injuries to a third party or even property damage to a third party, then the employer could be liable. In general, this is based on the concept of vicarious liability; based on vicarious liability, employers could be liable for any harm caused by the actions of their employees (or incidents involving their employees). For more information about employer liability for third-party injuries or property damage, contact us today.

OSHA Violations

The Occupational Safety and Health Administration (OSHA) requires that employers ensure that their employees are properly trained for certain tasks. When employers ask their employees to perform tasks that ultimately violate OSHA, they can be liable for resulting harm.

Can I sue my boss for an OSHA violation if I was injured? Yes, you could have grounds to sue. To successfully file your claim, you will need to prove that the employer was negligence, that the OSHA violation caused harm, and, of course, provide evidence. In general, these claims must be filed directly with OSHA, although injured employees could have grounds to file civil claims with the help of an employment injury attorney.

Do I have the Right to Refuse Tasks that are Unsafe?

Some employees might believe that they have to perform every task that their employers ask of them, even if the task is dangerous. However, under OSHA regulations, employees have the right to refuse work that they reasonably believe is unsafe; of course, this includes tasks that they are not trained or certified to perform. In general, it is recommended to express concerns about unsafe tasks in writing (which will be beneficial when pursuing a claim).

Can I be fired if I refuse to perform a dangerous task at work? Some employees might rush to agree to potentially dangerous tasks because they fear being fired. However, your employer cannot legally fire you or even discipline you for exercising your rights under OSHA or even reported the unsafe conditions/practices. Any negative action would be considered retaliation. If you are unfairly fired for refusing to perform dangerous tasks, you could pursue a wrongful termination claim. If you experience any discipline, including pay cuts, hour cuts, etc., you could file a retaliation claim.

Will I be held responsible for incidents that occur during an unsafe task? This is a very important question. Without a doubt, employees involved in incidents may face scrutiny from their employers. Your employer might blame you, but it is important that you understand that you are not at fault. If an incident occurs because you were given a dangerous task that you were untrained/uncertified for, your employer will likely be liable.

Can I File a Lawsuit?

Yes – you could have grounds to file a lawsuit if your employer asked you to complete a job outside of the scope of employment and an incident occurred. Depending on the incident, you could have grounds to file a workers compensation claim, a negligence claim, an OSHA violation claim, a retaliation claim, or wrongful termination claim, for example. To ensure that you have a thorough understanding of your right to file your lawsuit, contact us today.

The Downtown L.A. Law Group Can Help!

Our injury attorneys are more than ready to evaluate your claim and provide you with the guidance that you need to fight for your rights after an accident caused by dangerous conditions at work or because your employer asked you to do a dangerous task. If you are ready to explore the legal options available to you, contact us today.

Free Case Evaluations: we offer free case evaluations, which include free consultations and free second opinions. During these free legal services, our team will be available to answer questions, address concerns, and essentially provide you with all the information that you need to begin or continue your claim. To schedule a free case evaluation, contact us today at your earliest convenience.

Zero-Fee Guarantee: you will never be required to pay any upfront legal costs for any of our legal services. In addition, our law firm works on a strict contingency structure; therefore, our clients will not be responsible for paying anything if their claims are not successful. If you do not win, you will not have to pay anything at all.

Contact us today to learn more about the legal options available to you!

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