In what situation can employees or their family members file a tort claim against an employer?

Filing a tort claim against an employer typically arises when an employee or their family member can demonstrate that the employer's negligence directly resulted in an injury. This concept is rooted in the legal principle where an employer has a duty of care to maintain a safe working environment. When an employer fails to uphold this duty—whether through inadequate safety measures, failure to properly train employees, or other negligent actions—and this leads to an injury, the affected employee or their family may seek damages through a tort claim.

In this context, the focus is on the employer's actions or omissions that led to the injury, making negligence a key factor in establishing liability. Moreover, this situation generally occurs outside the workers' compensation system, which often provides exclusive remedy protections for employers against claims in exchange for providing benefits to injured workers. Understanding the nuances of employer liability is crucial in the realm of insurance accounting and risk management within the workplace.