If my 17 year old son was working at his part-time job and had an accident, who will be liable to pay the medical costs?

During work he got into an accident and we brought him to the hospital. My son got a treatment with CT screening. Now his employer is saying that the accident happened while he was just kind of horse playing with his colleague. They have delivered all report to the insurance company. Does his employer have any liability for the medical cost for the accident sine it happened in the workplace, regardless any cause or condition?

Asked on October 27, 2015 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employer is not liable for an injury at the workplace unless the employer was at fault in some way--e.g. improper training, improper supervision, poor safety equipment, etc. However, if employees were not doing something that was part of their job--e.g. they were just "horse playing", which is not what they are hired to do--and were not injured due to any intrinsically unsafe conditions in the workplace, then the employer would typically not be liable for it, even if the injury occured onsite. Generally, fault is required for liability.


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