INTENTIONAL CONDUCT
The function of the workers’ compensation system is a compromise between employees and their employers. An employee cannot sue their employer for sustaining an injury on the job, and in exchange, the employer will pay for medical care and lost wages, regardless of fault. It’s crucial to note that while employees can’t sue their employer for recklessness or negligence which resulted in the injury, there is an exception to that rule. If an employer intentionally puts their worker in a situation where an injury is likely to occur, that employee or their relative has cause to file an Oklahoma personal injury lawsuit. Oklahoma law defines intentional conduct as follows: “An intentional tort shall exist only when the employee is injured as a result of willful, deliberate, specific intent of the employer to cause such injury.” Therefore, an employee needs to prove their employer fully intended to harm them in order to file a lawsuit. Since its creation nearly 15 years ago, this law has undergone several changes to close loopholes and protect the rights of both workers and nonworkers. In a recent pending change, the Civil Court of Appeals deemed the law unconstitutional and in violation of equal protection and due process, as it treated the employed and nonemployed differently. A WORKER’S RIGHT TO SUE
If an employer’s intentional act were to injure two persons, an employee and a nonemployee, only the nonemployee would have a remedy, which fundamentally alters the exchange by workers’ compensation law. A nonemployee who is injured as a result of an employer has the right to sue, while an employee must meet the criteria of this law, as a worker cannot sue their employer in tort even if they created unsafe conditions. It’s challenging to determine how to draw a line between intentional employer conduct that desires to cause a person harm and their knowledge that it will probably cause harm. As such, it’s vital that anyone who is seriously injured in a work-related accident consults with an attorney. If you find yourself injured on the job, call our offices today and learn what options are open to you.
MEME ME
MISO SOUP WITH MUSHROOMS AND KALE
Because miso is fermented, it comes packed with all the important probiotics. As a bonus, it tastes pretty dang good, especially in this umami-packed soup filled with mushrooms and kale.
DIRECTIONS
INGREDIENTS
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1 splash olive oil
1. In a stock pot or Dutch oven, heat oil to medium. Add mushrooms and sauté until mushrooms just begin to shrink. Add garlic, water, broth, miso, and tofu. 2. Bring to a boil and let simmer for 5 minutes. 3. Stir in kale and rice vinegar; cook until kale softens. 4. Divide into bowls and serve.
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4 oz. mushrooms, sliced
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4 cloves garlic, minced
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4 cups water
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1 cup vegetable broth
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3 tbsp yellow miso paste
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8 oz. extra firm tofu, pressed and drained
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3/4 cup kale
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1 tbsp rice vinegar
Inspired by OneGreenPlanet.org
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