Question

Preparing to unload the service van, you back up to a loading area. Unfortunately, you also back over another worker, who claims you were negligent. Most likely:

a. the injured worker has no claim as he or she should have been watching out
b. the company will have to pay the injury claim
c. you, the driver of the van, will be held personally responsible for the accident
d. the injured worker will have health and accident insurance and that will cover the costs of the accident

Answer 1

The company will most likely be responsible for paying the injury claim due to workman's compensation insurance, which covers employees injured on the job, making personal negligence by the employee a secondary consideration in terms of financial liability.

Step-by-step explanation:

If you are involved in an accident where you back a service van over another worker who then claims you were negligent, the most likely outcome is that the company will have to pay the injury claim. This is because of workman's compensation insurance, which is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue their employer for the tort of negligence. In such cases, the negligence may be on the part of the employee driving, but the financial responsibility generally falls on the employer who is required by law to have workman's compensation insurance.

The injured worker might have their own health and accident insurance, but this does not absolve the company from its duties under workman's comp. The denial of injury defense, which downplays the severity of the incident, is not typically legally valid in workplace accidents, especially when there is clear harm or injury as in this case.

Answer 2

The injured worker may have a claim for negligence against the driver of the van, depending on the specific circumstances and applicable laws. Comparative negligence may also be considered. The company and the driver could both potentially be held responsible for the accident.

Step-by-step explanation:

In this case, the injured worker may have a claim against the driver of the van for negligence. The driver has a duty to exercise reasonable care while operating the vehicle, and backing over another worker could be considered a breach of that duty. Whether the injured worker will be successful in their claim will depend on the specific circumstances of the accident and the applicable laws in the jurisdiction.

It is unlikely that the injured worker's own negligence in failing to watch out would completely bar their claim. In many jurisdictions, a concept known as comparative negligence may apply, which means that the injured worker's own negligence will be taken into account when determining damages.

Regarding the liability for the accident, it is possible that the company may also be held responsible if it can be shown that they were negligent in some way, such as failing to properly train the driver or maintain safe working conditions. However, the driver of the van may also be held personally responsible if their actions are found to be the primary cause of the accident.