Vicarious/Direct Liability Theory...

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Vicarious/Direct Liability Theory...

Post  nckrystalblue on Mon Jul 20, 2009 2:19 am

Can you explain what this is and if it applies in NC please. This is exactly what happened in the case I'm currently researching. Unfortunately there is not presently a lawyer willing to fight for this EEs rights. I don't know if the scope of the case is too big for these guys, if they're scared of who they're fighting or if they're all just lazy.

quoted from locked thread: What Can I do... Pennsylvania
Got a question....hope you can answer it or give me an idea of what to do. What do I do if my employer isn't following medical restrictions (in fact, she finds it a joke)? minc3

If your injury gets worse on account of them disregarding the restrictions it may give rise to liability on the employer outside of the no-fault W.C scheme. Under a vicarious or direct liability theory. Do you have an attorney? If so notify him promptly.JoeC (McGruff)
What exactly is the rule/law for ERs following restrictions? Can they disregard them, tell you they don't exist, that you're not injured, that you can do what the doctor listed you can't, that you have to work the week the doctor gave you off???

When you say "give rise to liablity on the employer" does that mean the company or the person giving the orders?
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Re: Vicarious/Direct Liability Theory...

Post  JoeC (McGruff) on Mon Jul 20, 2009 2:44 am

I can not explain what it means in North Carolina for that you MUST get an attorney.
In general though.
VICARIOUS LIABILITY - When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury. For instance, a parent sometimes can be vicariously liable for the harmful acts of a child and an employer sometimes can be vicariously liable for the acts of a worker.
Liability is either direct or vicarious.
Direct liability is injury resulting from someones own conduct; vicarious liability is liability for which someone is indirectly responsible.
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and the employer is...

Post  nckrystalblue on Mon Jul 20, 2009 3:37 am

Thanks, I'll try to do some NC code searching for such things until we can find a lawyer.

Is the employer the person giving the orders (manager) or the Owner of the Company or The Corporation itself as a separate entity from the owner? Or does that also vary by state?
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Re: Vicarious/Direct Liability Theory...

Post  JoeC (McGruff) on Mon Jul 20, 2009 3:44 am

The employer is the company.
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