An example of how labor law protects the negligent employer

[JBMcB]

Steve Lehto did a video on this. He is unaware of any such law that protects suing employers like this. Also, for tort cases like this, you can *always* sue the person directly responsible, that is, the driver of the vehicle. It doesn't matter if they are an employee, or contractor or customer, or anyone else. Suing the vehicle owner *can* be an option, but in this case it's a confusing one. If there is protection for the dealership for some weird reason, the next person on the list of people to sue is the driver.

[Henry Whalley]

Steve Lehto did a video on this. He is unaware of any such law that protects suing employers like this. Also, for tort cases like this, you can *always* sue the person directly responsible, that is, the driver of the vehicle. It doesn't matter if they are an employee, or contractor or customer, or anyone else. Suing the vehicle owner *can* be an option, but in this case it's a confusing one. If there is protection for the dealership for some weird reason, the next person on the list of people to sue is the driver.

Steve Lehto should know that workers compensation law prohibits an employee's family from suing the employer for wrongful death. So, the dealership is absolutely protected from any such lawsuit by the family of the deceased.

Here's how it works in many, if not all, states:

"WORKERS' COMP DEATH BENEFITS VS. WRONGFUL DEATH LAWSUIT

Workers' comp is designed to provide financial benefits to a worker/employee who is injured or killed on the job, as well as their dependents.

What many people don't realize is that workers' comp is designed to protect employers from being sued for job-related injuries or deaths—even if the employer was negligent or contributed to a dangerous workplace environment.

This means that even if an employer violated safety standards, such as those set by the Occupational Safety and Health Administration [[OSHA), they are still protected by workers' compensation laws.

However, if the workplace death was caused by a third party, such as a general contractor, subcontractor, or negligent equipment manufacturer, the surviving family members may be able to file a wrongful death lawsuit against the third party, not the employer."

Of course, they can sue the kid who didn't have a license, and hence didn't have insurance. Does the kid have money?

[Rocket]

What many people don't realize is that workers' comp is designed to protect employers from being sued for job-related injuries or deaths.........

Then worker's comp would pay no?

500 weeks of pay, based on the last 52 weeks of the employees earnings?

I.E $576,000 if the 42 year mechanic was making $60k a year?

[Henry Whalley]

Then worker's comp would pay no?

500 weeks of pay, based on the last 52 weeks of the employees earnings?

I.E $576,000 if the 42 year mechanic was making $60k a year?

Correct. A suit for wrongful death would yield $18M or more. But the employer is insulated. Instead, the state's compensation fund will pay out a small fraction of that, and the employer will pay nothing.

IMHO the owner of the dealership should be charged with negligent homicide or manslaughter. But I wouldn't bet on that happening unless the guy is behind on his payments to the prosecutor's campaign fund.