If my 17 year old was in a car accident while on the clock while doing company business, is the company liable? 34 Answers as of October 02, 2015

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Studinski Law, LLC
Studinski Law, LLC | Jason Studinski
Assuming your question is about workers' compensation, your 17-year-old's injuries are covered by workers' compensation. According to nolo.com, as long as your injury is work-related, you don't need to be at the workplace to be covered.
Answer Applies to: Wisconsin
Replied: 10/2/2015
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
If your child was injured while working the company may be liable for workers compensation. The company may also have some liability for the hospital bills that resulted from the accident.
Answer Applies to: Michigan
Replied: 8/27/2014
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
Yes. Your son can claim worker's compensation benefits for his injuries as the result of the accident.
Answer Applies to: California
Replied: 8/27/2014
Coulter's Law
Coulter's Law | Coulter K. Richardson
The short answer is yes. It depends if your son was within the bounds of his workplace duties. Excessive speeding, for instance, would not be within the bounds of typical workplace guidelines. It also depends on the type of business. Many restaurants, pizza places, etc., insist that their drivers have their own vehicle and their own insurance. In that case, the business would argue your son was an independent contractor and is on his own. Isn't that swell?
Answer Applies to: New Jersey
Replied: 8/26/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
Absolutely! They are liable under Workers' Compensation AND they may have a commercial insurance policy. Contact an attorney who is experienced in both types of cases. You can find an experienced Workers' Compensation attorney here on Law QA. Attorneys on Law QA want to help you but we are not permitted to solicit your business. You must contact us.
Answer Applies to: Illinois
Replied: 8/26/2014
    Boesen Law, LLC
    Boesen Law, LLC | Jon C. Boesen
    If your son was doing company business, got in a car accident (that was his fault), while clocked in, then yes there is a valid argument that the company is liable. It would be argued that your son was working as an authorized agent for the company at the time of the accident and any negligence on his part will be argued as imputed to the company.
    Answer Applies to: Colorado
    Replied: 8/26/2014
    Law Offices of George H. Shers | George H. Shers
    An employer is responsible for the negligent acts of its employees occurring while in the course of business. But that does not mean your son also is not responsible; the plaintiff will go against both your son and his employer but will concentrate on the employer as it will have more money and/or insurance than your insurance.
    Answer Applies to: California
    Replied: 8/26/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Your 17 YO has a workers comp claim. He/she should see a workers comp lawyer.
    Answer Applies to: California
    Replied: 8/26/2014
    The Medler Law Firm LLC | John Medler
    Yes, but for worker's compensation, assuming the company had five employees or more. There is a rare possibility that your son could bring a civil suit under a doctrine known as the "something more" rule. This is too complicated to explain in a post like this. Contact an experienced Missouri personal injury lawyer for more information.
    Answer Applies to: Missouri
    Replied: 8/26/2014
    S. Joseph Schramm | Joseph Schramm
    An employer is obligated to pay Workers' Compensation benefits to any employee injured in the course of employment. This would include medical benefits and, if unable to their work because of the injury, income benefits. This would include traveling in a car while performing company business.
    Answer Applies to: Pennsylvania
    Replied: 8/26/2014
    Gates' Law, PLLC | Thomas E. Gates
    As long as you were doing your normal duties for the company and you were not negligent, the company would be the responsible party.
    Answer Applies to: Washington
    Replied: 8/26/2014
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Liable for what? Car accident her fault or someone else? If her fault, it would be her fault and employer. If someone else, she can get workers compensation and/or sue other driver. It really depends on what you mean.
    Answer Applies to: Alabama
    Replied: 8/26/2014
    Domnitz & Skemp, SC
    Domnitz & Skemp, SC | Merrick Domnitz
    Yes. There is a concept in the law known as Respondent Superior which means that an employer is responsible for the negligent conduct of an employee if the employee is acting within the scope of her employment.
    Answer Applies to: Wisconsin
    Replied: 8/26/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Worker compensation case. report it to supervisor immediately and see the dr they suggest or see your own if they do not.
    Answer Applies to: North Carolina
    Replied: 8/26/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If she was working at the time of the accident, the company could be liable. Good luck.
    Answer Applies to: Alabama
    Replied: 8/26/2014
    Law Offices of Steven J. Topazio
    Law Offices of Steven J. Topazio | STEVEN J TOPAZIO
    Your son will have a worker's comp claim if his injury arose out of and in the course of his employment as well as a possible personal injury claim against the other driver if he is not more than 50% at fault for the accident and meets the tort threshold.
    Answer Applies to: Massachusetts
    Replied: 8/26/2014
    Durham Jones & Pinegar | Erven Nelson
    Generally speaking, yes. The only exception would be if he had left doing company business for a while to do a personal errand.
    Answer Applies to: Nevada
    Replied: 8/26/2014
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    There is no third party liability but he would have a workers compensation claim.
    Answer Applies to: Connecticut
    Replied: 8/26/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Quite probable, need details.
    Answer Applies to: Michigan
    Replied: 8/26/2014
    Shalvoy Law, LLC | Walter A. Shalvoy Jr.
    It depends, if he was operating the vehicle in the course of his employment and not what they call frolic or detour then his employer may be liable.
    Answer Applies to: Connecticut
    Replied: 8/26/2014
    Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
    Yes. There would be a claim for workers comp benefits.
    Answer Applies to: Delaware
    Replied: 8/26/2014
    Ezim Law Firm | Dean Esposito
    Both the company and the driver are responsible.
    Answer Applies to: Louisiana
    Replied: 8/26/2014
    Messinger Law, P. C. | Donald G. Messinger
    Injuries incurred during the course of employment are covered under worker's compensation statutes in most states. Those laws impose employer liability for lost time, medical expenses, and, in some instances, financial awards for future impairment. Worker's compensation laws tend to be quite exacting, and each case must be evaluated on its individual merits. If the auto accident was caused by someone else, there may also be a separate claim against the party at fault. In states that have no-fault insurance, there may also be a claim against the injured person's own auto insurer.
    Answer Applies to: Michigan
    Replied: 8/26/2014
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    Is the company liable for what is the question. I would suggest that, if your child was actually an "employee", rather than an "independent contractor", then the company should cover him or her with Workers' Compensation insurance for medical expenses and lost earnings. Whether the company is liable to anyone else for any damages would depend upon a lot more information.
    Answer Applies to: Colorado
    Replied: 8/26/2014
    Henry Lebensbaum | Henry Lebensbaum
    It is a distinct possibility.
    Answer Applies to: Massachusetts
    Replied: 8/26/2014
    The Law Firm of Dmitriy Shakhnevich
    The Law Firm of Dmitriy Shakhnevich | Dmitriy Shakhnevich
    Just judging from the limited facts you gave, it seems that if he was doing "company business," then the company may be liable.
    Answer Applies to: New York
    Replied: 8/26/2014
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    I hope your son is ok. Your son may have a "WC" (Worker's Compensation) case since he was involved in a car accident while working for his employer. There are other factors that may impact the case as well. Call an injury lawyer to discuss options. Good luck to you and your son during this challenging time.
    Answer Applies to: Utah
    Replied: 8/26/2014
    Sheff Law Offices, P.C. | Katherine Brim
    Your question can't be answered without first knowing the circumstances of the accident (what happened, who was driving, what vehicles were involved etc.), and whether you're asking if the company would be liable to your son, or liable to another party involved in the accident. Can you provide a little more information about what happened?
    Answer Applies to: Utah
    Replied: 8/26/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Depends which way you mean: if your son caused the accident, then yes, his employer is liable to the injured party (or parties). If your son was injured, he is entitled to workers comp for 66% of his loss of wages, plus an additional 13% from no-fault, and worker's comp will pay the medical bills. If it was another driver's fault, then your son may be able to recover against them.
    Answer Applies to: New York
    Replied: 8/26/2014
    Lewis B. Kaplan | Lewis B. Kaplan
    Looks to me like even if the accident was the 17 year olds fault he/she still has a worker's compensation claim against the company .
    Answer Applies to: Illinois
    Replied: 8/26/2014
    Wm. Keith Dozier, LLC | Keith Dozier
    The answer will depend on a number of factors, including these three. First, the laws relevant to liability theories and insurance coverage vary by state. So, it will depend on where the accident occurred and where your child was employed. Second, it depends on who owned the car that your child was driving or a passenger in and how that vehicle was insured and whether your child has a motor vehicle insurance policy of their own for another car. Last, you need to know if the employer has workers compensation insurance available to cover your child's injury. You would be best served by contacting a personal injury lawyer where your child lives/works.
    Answer Applies to: Oregon
    Replied: 8/26/2014
    End, Hierseman & Crain, LLC | J. Michael End
    Your child is eligible for workers compensation, since it was a work-related injury.
    Answer Applies to: Wisconsin
    Replied: 8/26/2014
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    His medical would be covered by workman's compensation insurance. If the crash was the fault of a 3rd party, then he could also go after them for pain and suffering.
    Answer Applies to: Oregon
    Replied: 8/26/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    Sounds as if this may be a workers' compensation claim and possibly a 3rd party claim. You 17 year old should speak with her employer and file a workers' compensation claim and ask to receive medical treatment if there are injuries. You should reach out to a Georgia workers' compensation & personal injury attorney for a consultation. Good luck.
    Answer Applies to: Georgia
    Replied: 8/26/2014
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