A Pottawatomie County, Oklahoma district judge could dismantle the state’s workers compensation system with a ruling last week that confirmed an injured tire worker can sue his employer for negligence because his injury was “foreseeable.”
In this case, attorney Bob Burke—who represented worker Darrell Duck—believes “foreseeable” to mean an accident “reasonably predictable.”
In fact, he considers 98% of accidental injuries fall into the category of reasonably predictable.
The decision challenges the foundation of Oklahoma’s workers compensation system and the so-called “grand bargain,” in which injured employees gave up the ability to sue employers for negligence except in cases of intentional wrongdoing in exchange for the right to be compensated for injuries without having to prove fault.
The result of the grand bargain meant that employers were protected against large verdicts for pain and suffering, and employees could rest assured knowing they would be provided medical care for their injuries even if they, themselves, were to blame, a report from NewsOK said.
At particular issue is 2013 state legislation that shifted the Oklahoma from a court-based system to an administrative one. If the case stands, it would permit all “foreseeable” workplace accidents to be handled in district courts.
“Neither side is pleased,” Oklahoma City attorney Bryan King, who represented the employer in question, told NewsOK. “This result, if this order stands, creates a bad outcome for both employees and employers.”
The case is expected to progress to the state supreme court.
