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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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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