If my child was injured performing a task she was instructed to do at work, is their employer responsible for the subsequent medical bills?

My child works as a summer camp counselor, and was injured performing a task at camp. She did not sign any liability waiver prior to working at this camp. I am inquiring if the camp would be responsible for the medical expenses not covered by our insurance.

Asked on July 11, 2012 under Personal Injury, New York

Answers:

Andrew Goldberg

Answered 8 years ago | Contributor

In Pennsylvania, your daughter would have a workers compensatin claim for medical  expenses and income loss. To collect workers comp. benefits, she has to prove merely an employment relationship, the fact that she in an accident during the course of her work duties, and that she suffered an injury or aggravation of a preexisting injury. She should ask the Camp to report her accident to its workers compensation insurer and give her a claim number, the name of the insurer, and the insurer's address. She can then give that to her doctor(s).She only needs an attorney if the workers comp. claim is denied.

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

It depends upon your state laws regarding whether or not your daughter was considered an "employee" of the camp.  If she is considered an employee, she is entitled to workers compensation benefits which would cover all of her medical bills and related expenses.  If she is not considered an employee, if you can prove that the camp was negligent in their direction of your daughter or in the task they were asking her to perform, you can likely make an injury claim against the camp.  It would be a good idea for you to seek a consultation with a workers compensation or personal injury attorney in your state.  


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