Legal Question in Personal Injury in North Dakota

Employer payed Workmen's compensation but is still responsible because of neglig

I lost my leg in an auger working for a seed company. They payed out Workmen's Compensation. However, the auger was not up to OSHA standards and the company did not have a shield over the shaft of the auger and they knew it when they bought it. I've heard that if the employer pays Workmen's Compensation they cannot be sued. I want to know if they can still be held responsible for ''intentional tort'' since they never had the auger repaired and they knew about the condition it was in?


Asked on 12/12/01, 12:37 am

1 Answer from Attorneys
William Mckechnie William E. Mckechnie

Re: Employer payed Workmen's compensation but is still responsible because of ne

It is very difficult to prove an intentional tort in the fact situation you are describing. In many ND cases, employers have been negligent or even grossly negligent and the workers comp exclusion bar prevails. It is not likely you would be able to proceed with a case of intentional tort with the facts outlined in your email.

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Answered on 12/12/01, 12:46 pm


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