If you have an employee who was hurt on the job due to horse play, is the business owner responsible for it?

They were messing around with a pressure washer one sprayed the other and the person was cut and had to seek medical attention.

Asked on February 24, 2013 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The employer is most likely not liable. An employer is not  its employee's insurer; it is only responsible  for their injuries generally if they were hurt in the course of employment and/or due to employee negligence (carelessness). "Messing around" or "horse play" with a pressure washer is NOT part of the employee's job descriptions--it's not what they were hired or expected or told to do. Therefore, since what they were doing was not part of their jobs, the employer is most likely not responsible.

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