Writing in NLJ this week, attorney Lindsey Sasson, who specialises in complex civil litigation, compares employer liability, safety regulation and damages in the US and England and Wales.
American workers generally receive no-fault workers’ compensation benefits but cannot sue their employer in tort. Full recovery usually depends on claims against third parties, such as contractors, property owners or equipment manufacturers.
Sasson describes this exclusivity bar as ‘the most consequential structural feature distinguishing the two systems’. English workers can sue employers directly in negligence, backed by compulsory liability insurance.
New York’s Scaffold Law adds distinctive protection against gravity-related hazards, including some crane accidents, although an accident alone does not establish liability.
Regulatory breaches can provide evidence without automatically establishing civil liability. US damages can reach eight figures, while English awards follow a more predictable framework.
