Legal Question in Workers Comp in Kansas
work injury , negligence
What are the exceptions to the rule about not being able to sue your employer for gross negligence when they knowingly did something that resulted in injury ?
I was injured because of the company braking safety rules.
I know that workcomp laws in kansas do not allow for sueing the company exept in certain cases.
1 Answer from Attorneys
Re: work injury , negligence
Great question! You are correct that Kansas law severely limits the ability of an employee to sue an employer. Daniel L. Smith of our office handled the case which introduced the Dual Capacity Doctrine in Kansas which permits an action between an employee and employer for negligence under certain special circumstances. The exceptions are very limited, and they are quite complex. You should consult an experienced workers' compensation lawyer.
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