If my child was injured performing a task she was instructed to do at work, is their employer responsible for the subsequent medical bills?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.