Is the employer liable for damages from a work-related car wreck?

Full question:

My son had a wreck while at work. It was during work hours and on employers property. He was driving for work purposes in his own car. The wreck was his fault. Is the employer required to pay for an damages?

Answer:

Under the legal principle of respondeat superior, employers can be held responsible for their employees' negligence if it occurs within the scope of their job duties. However, if the employee's actions were willful or intentional, the employer may not be liable. In this case, since your son caused the wreck while driving for work purposes, the employer might not be automatically liable for damages.

Employers can pursue compensation from employees for damages caused by their negligence, but they cannot simply deduct the amount from wages without notification and written consent. They may, however, sue the employee for reimbursement if restitution is not made. Additionally, the employment agreement may include indemnification clauses or waivers that affect liability. It's important to review the specifics of the employment agreement to understand the obligations and rights involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A car accident can be considered a hardship if it leads to significant financial strain, such as medical bills, car repairs, or loss of income. Hardship varies by individual circumstances, including the severity of injuries and the ability to pay for expenses. If the accident impacts your financial stability, it may qualify as a hardship.