Who is responsible when negligent training, supervision, or retention cause a workplace accident? What compensation can injured workers recover following their injuries? Ultimately, the employer is responsible for the actions and activities of their employees while they are at work. Employers in Kansas owe a duty of care to their clients, customers, and employees to ensure that workers have adequate training, are appropriately supervised, and terminated from employment if they do not meet safety standards. When these individuals cause injuries or deaths, plaintiffs can pursue workers' compensation claims, personal injury lawsuits, or wrongful death lawsuits against the employer.
Training in the United States
Nationwide, companies are not providing adequate training to their employees. In 2019, privately gathered estimates showed that small companies of less than 1,000 employees provided just under 50 hours of instruction in 2019. This was a decrease from 61.2 in 2018. Midsize companies (1,000 to 9,999 employees) provided 33.9, which was a significant decrease from the 54.3 provided in 2017. A similar pattern emerged in large companies (10,000+) that provided 38.8 hours of training in 2019, which was down from 49.3 in 2018.
Negligent training can occur when the employer provides inadequate or insufficient training to an employee. This includes the training required to safely operate heavy machinery or adhere to established safety procedures regarding flammable materials, toxic chemicals, etc. Employers in Kansas have a duty of care that requires them to correctly assess the training an employee needs to do their job.
Negligent Supervision & Retention
Negligent supervision involves providing insufficient managerial control over an employee. For example, failing to direct employees on how to perform tasks, or failing to correct deficient behaviors such as roughhousing, sleeping on the job, etc.
Negligent supervision is often connected to negligent retention. This occurs when an employer fails to terminate the employment of a deficient employee. For instance, an employee who shows up intoxicated deliberately misuses company property or purposefully endangers the health and safety of other employees or customers.
Employers’ Duty of Care
Employers in Kansas are held to a high standard when it comes to negligent training, supervision, and retention as it relates to employee safety. Employers who fail to train employees properly, monitor their performance and terminate dangerous or otherwise incompetent employees are negligent in their responsibilities. When this negligence causes personal injuries, a personal injury attorney in Kansas can help them recover compensation to cover medical expenses, lost wages, pain and suffering, and more.
Contact Brad Pistotnik Law at 1-800-241-BRAD or call us on our local line at 316-684-4400. Our team will tell you what you need to know about negligent training, supervision, and retention. We represent clients pursuing personal injury and workers' compensation claims in Kansas, Nebraska, Missouri, or Texas. Day or night, holidays or weekends, we are available to answer your questions. You can call Brad Pistotnik on his cell at 316-706-5020. You can reach Tony Atterbury on his cell at 316-617-9237.