Employee injury and responsibility for medical bills/time off

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Employee injury and responsibility for medical bills/time off

My elderly and disabled sister has someone who helps her around the house, and drives her to appointments and runs errands for her in my sister’s car. While running an errand for them, the employee stepped out of the car in a drug store parking lot on to a piece of glass. It went through the sole of her shoe and her foot was cut pretty badly. Is my sister responsible for the employee’s medical bills or for paying her for time off work if she’s unable to come back to work right away?

Asked on January 11, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your sister is NOT responsible for the employee's medical bills or her time not working:
1) Liability, or the responsibility to pay, for personal injuries, including for the medical costs, is based on fault, or doing something deliberately or carelessly which caused the injury; without fault, there is no liability or obligation to pay. Nothing you have written indicates fault on your sister's part.
2) An employer does not need to pay for days the employee cannot work unless, again, the employer was at fault in causing the injury. 
Unfortunately for the caregiver, these costs or losses appear to be hers to bear.


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